alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

GABRIEL FERNANDO-PULIDO, AKA 

Luis Gerardo Diaz Ortiz, 

Petitioner, 

 v. 

WILLIAM P. BARR, Attorney General, 

Respondent.

No. 17-70259 

Agency No. A096-549-910 

MEMORANDUM*

On Petition for Review of an Order of the

Board of Immigration Appeals

Submitted February 11, 2020**

Pasadena, California

Before: BERZON, R. NELSON, and LEE, Circuit Judges.

Gabriel Fernando-Pulido petitions for review of the Board of Immigration 

Appeals’ decision to affirm the denial of asylum, withholding of removal, and 

relief under the Convention Against Torture (CAT). We review such denials for 

substantial evidence and will only reverse if the evidence “compels” a contrary 

* This disposition is not appropriate for publication and is not precedent 

except as provided by Ninth Circuit Rule 36-3.

** The panel unanimously concludes this case is suitable for decision 

without oral argument. See Fed. R. App. P. 34(a)(2).

FILED

FEB 13 2020

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 

result. Silva-Pereira v. Lynch, 827 F.3d 1176, 1184 (9th Cir. 2016); Parussimova 

v. Mukasey, 555 F.3d 734, 738–39 (9th Cir. 2009). We deny the petition.

1. Substantial evidence supports the BIA’s determination that there was 

no nexus between Fernando-Pulido’s feared harm and his kinship ties, which is 

required for asylum and withholding of removal claims. See Guo v. Sessions, 897 

F.3d 1208, 1213 (9th Cir. 2018). While Fernando-Pulido’s family members have

apparently suffered a series of tragic events, they do not appear to be related to 

each other. Nor do they suggest that Fernando-Pulido himself may face 

persecution based on these kinship ties. 

Fernando-Pulido alleges that his grandmother was murdered, but he admits

that he does not know why she was killed. Fernando-Pulido also states that his 

aunt was kidnapped, but his testimony conflicts with his aunt’s testimony about

who carried out the kidnapping. Finally, Fernando-Pulido himself admitted to the 

BIA that there was no indication that the man who threatened his brother had any 

connection with the other men who allegedly harmed his family. 

2. Substantial evidence also supports the denial of CAT relief. To 

qualify for CAT relief, an alien must establish a likelihood of torture if removed to 

the proposed country of removal. Cole v. Holder, 659 F.3d 762, 770 (9th Cir. 

2011). Torture requires the harm to be “inflicted by or at the instigation of or with 

the consent or acquiescence of a public official or other person acting in an official 
3 

capacity.” 8 C.F.R. § 1208.18(a)(1). There is little evidence in the record that the 

men who murdered Pulido’s grandmother were related to the government. Indeed, 

Fernando-Pulido himself admits that he does not have any proof of that beyond his 

testimony, which is based on secondhand information from his mother and aunt.

PETITION FOR REVIEW DENIED
Me vacunaré contra la influenza.

No se puede vacunar a los bebés menores de 

6 meses contra la influenza, pero ellos presentan

un alto riesgo de sufrir complicaciones a causa 

de la enfermedad. Ellos dependen de usted 

para que los proteja. Vacúnese.

Aún que usted sea saludable, si vive o cuida 

de alguien que presente alto riesgo de sufrir 

complicaciones serias debido a la influenza, 

usted debe vacunarse. Los grupos de alto 

riesgo incluyen a los bebés y a las mujeres 

embarazadas. 

Protegeré a mi bebé.

CS212299-J

Para obtener más información, visite 

http://www.flu.gov or http://www.cdc.gov/flu
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM FORM
10-K DATED DECEMBER 31, 1998 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE
TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               DEC-31-1998
<CASH>                                         842,064
<SECURITIES>                                14,513,744
<RECEIVABLES>                                  643,656
<ALLOWANCES>                                         0
<INVENTORY>                                    329,251
<CURRENT-ASSETS>                               765,017
<PP&E>                                       1,709,506
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                              18,888,632
<CURRENT-LIABILITIES>                        2,622,630
<BONDS>                                        737,427
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       113,727
<OTHER-SE>                                  15,414,848
<TOTAL-LIABILITY-AND-EQUITY>                18,888,632
<SALES>                                      2,780,658
<TOTAL-REVENUES>                             2,780,658
<CGS>                                          927,792
<TOTAL-COSTS>                                  927,792
<OTHER-EXPENSES>                             7,378,756
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             174,898
<INCOME-PRETAX>                            (5,700,788)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                        (5,700,788)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (5,700,788)
<EPS-PRIMARY>                                    (.73)
<EPS-DILUTED>                                    (.73)
        

</TABLE>
**Exhibit 3.4**

 

**AMERICAN REALTY INVESTORS, INC.**

 

**ARTICLES OF AMENDMENT**

**TO THERESTATED ARTICLES OF INCORPORATION**

**AS FILED OCTOBER 1, 2003**

 

**Decreasing the Designated Number of Shares of**

**and Eliminating Series I Cumulative Preferred Stock**

 

Pursuant to the provisions of Section 78.1955 of the Nevada Revised Statutes, American Realty Investors, Inc. is desiring to amend its Restated Articlesof Incorporation, as heretofore amended, as more particularly described hereinafter, hereby certifies as follows: 

 

1. The name of the corporation (the “Corporation”) whose Restated Articles of Incorporation, as heretofore amended (the “Articles ofIncorporation”) are being amended hereby is 

 

AmericanRealty Investors, Inc. 

 

2. Set forth immediately below is thetext of the amendments (the “Amendments”) to Article Fourth Section D of the Articles of Incorporation to eliminate Series I Cumulative Preferred Stock, being made hereby. 

 

A. 

 

Section 1. Designation and Amount which designates the authorized number, preferences, limitations and relative rights of the Corporation’sSeries I Cumulative Preferred Stock is hereby amended to read as follows: 

 

1. Designation and Amount. The number of shares which shall constitute the Series I Cumulative Preferred Stock shall be such number as may actually be issued by the Corporation, not to exceed a maximum of zeroshares. 

 

B. 

 

Section D. Series I Preferred Stock. as amended by item A above, ishereby deleted from the Articles of Incorporation. 

 

Except ashereby amended, the Articles of Incorporation remain and shall remain in full force and effect. 

 

3. The Amendments were adopted by the Corporation’s Board of Directors by unanimous written consent dated October 1, 2003. There being no Holders ofthe Series I Cumulative Preferred Stock, no approval was required or obtained. 

 

Dated this 1st day of October, 2003.
<PAGE>   1
          CERTIFICATE OF AMENDMENT OF THE CERTIFICATE OF INCORPORATION
                     AFTER THE RECEIPT OF PAYMENT OF CAPITAL


FIRST: That at a meeting of the Board of Directors of TELECOMUNICACIONES DE
PUERTO RICO, INC., a resolution was adopted setting forth a proposed amendment
to the Certificate of Incorporation of said corporation, declaring said
amendment to be advisable and calling for the stockholders of said corporation
to consider the same. The resolution setting forth the proposed amendment reads
as follows:

RESOLVED, that the Certificate of Incorporation of this corporation be amended
by changing Article FOURTH so that it reads as follows:

                FOURTH: The total number of shares of Common Stock which the
                Corporation shall have authority to issue is FIFTY MILLION
                (50,000,000) without par value per share and all of the same
                class.

SECOND: That thereafter, pursuant to the resolution of its Board of Directors,
the stockholders having the minimum numbers of votes necessary to authorize this
Amendment gave their consent in writing pursuant to Section 7.17 of the General
Corporation Law of 1995 and written notification has been given to the
stockholders who did not give their consent also pursuant to Section 7.17 of the
General Corporation Law of 1995.

IN WITNESS WHEREOF, I, Jon E. Slater, Authorized Officer who signs this
certificate, hereby swear that the facts herein stated are true, this 29 of
December,1999.



                                         /s/ Jon E. Slater
                                     -----------------------------
                                         Jon E. Slater
                                         Authorized Officer
§ 54.450 Athletics. ( a ) *General.* No person shall, on the basis of sex, be excluded from participation in, be denied the benefits of, be treated differently from another person, or otherwise be discriminated against in any interscholastic, intercollegiate, club, or intramural athletics offered by a recipient, and no recipient shall provide any such athletics separately on such basis.
( b ) *Separate teams.* Notwithstanding the requirements of paragraph (a) of this section, a recipient may operate or sponsor separate teams for members of each sex where selection for such teams is based upon competitive skill or the activity involved is a contact sport. However, where a recipient operates or sponsors a team in a particular sport for members of one sex but operates or sponsors no such team for members of the other sex, and athletic opportunities for members of that sex have previously been limited, members of the excluded sex must be allowed to try out for the team offered unless the sport involved is a contact sport. For the purposes of these Title IX regulations, contact sports include boxing, wrestling, rugby, ice hockey, football, basketball, and other sports the purpose or major activity of which involves bodily contact.
( c ) *Equal opportunity.* ( 1 ) A recipient that operates or sponsors interscholastic, intercollegiate, club, or intramural athletics shall provide equal athletic opportunity for members of both sexes. In determining whether equal opportunities are available, the designated agency official will consider, among other factors: ( i ) Whether the selection of sports and levels of competition effectively accommodate the interests and abilities of members of both sexes;
( ii ) The provision of equipment and supplies;
( iii ) Scheduling of games and practice time;
( iv ) Travel and per diem allowance;
( v ) Opportunity to receive coaching and academic tutoring;
( vi ) Assignment and compensation of coaches and tutors;
( vii ) Provision of locker rooms, practice, and competitive facilities;
( viii ) Provision of medical and training facilities and services;
( ix ) Provision of housing and dining facilities and services;
( x ) Publicity.
( 2 ) For purposes of paragraph (c)(1) of this section, unequal aggregate expenditures for members of each sex or unequal expenditures for male and female teams if a recipient operates or sponsors separate teams will not constitute noncompliance with this section, but the designated agency official may consider the failure to provide necessary funds for teams for one sex in assessing equality of opportunity for members of each sex.
( d ) *Adjustment period.* A recipient that operates or sponsors interscholastic, intercollegiate, club, or intramural athletics at the elementary school level shall comply fully with this section as expeditiously as possible but in no event later than one year from September 29, 2000. A recipient that operates or sponsors interscholastic, intercollegiate, club, or intramural athletics at the secondary or postsecondary school level shall comply fully with this section as expeditiously as possible but in no event later than three years from September 29, 2000.
```

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S.J. Res. 36 Enrolled Bill (ENR)]

        S.J.Res.36

                     One Hundred Sixteenth Congress

                                 of the

                        United States of America

                          AT THE FIRST SESSION

          Begun and held at the City of Washington on Thursday,
           the third day of January, two thousand and nineteen

                            Joint Resolution

 
Providing for congressional disapproval of the proposed transfer to the 
    Kingdom of Saudi Arabia, the United Kingdom of Great Britain and 
  Northern Ireland, the Kingdom of Spain, and the Italian Republic of 
                 certain defense articles and services.

    Resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled, That the issuance of a 
manufacturing license, technical assistance license, or export license 
with respect to any of the following proposed agreements or transfers 
to the Kingdom of Saudi Arabia, the United Kingdom of Great Britain and 
Northern Ireland, the Kingdom of Spain, and the Italian Republic is 
prohibited:
        (1) The transfer of the following defense articles, including 
    defense services and technical data, described in Executive 
    Communication 1427 (EC-1427) submitted to Congress pursuant to 
    subsections (c) and (d) of section 36 of the Arms Export Control 
    Act (22 U.S.C. 2776) and published in the Congressional Record on 
    June 3, 2019:
            (A) Coproduction and manufacture in Saudi Arabia of Paveway 
        Pre-Amp Circuit Card Assemblies (CCA), Guidance Electronics 
        Assembly (GEA) CCAs, and Control Actuator System (CAS) CCAs for 
        all Paveway variants.
            (B) Coproduction and manufacture in Saudi Arabia of Paveway 
        II Guidance Electronics Detector Assemblies (GEDA) and Computer 
        Control Groups (CCG).
            (C) The transfer of up to 64,603 additional kits, partial 
        kits, and full-up-rounds.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
```
% Food exposure 
% Once daily oral exposure, dose from cpfs SS F13_49 foodonly exp distribution.csv 99.5th percentile  
% Female adult, Body weight set to 72.9 kg
% Cecilia Tan
% August 26, 2015

prepare @clear @all
% Setting model parameters
start @NoCallback
use human_parameters_MRP
use preg_female_parameters


BWSW=1;		% Set to 1 if BWT is provided
BWST=72.9;	% Initial BW in kg
PREG=0;		% Not pregnant
TSTOP= 1008; 	% Exposure duration in hrs

%Single daily oral exposure
DT = xlsRead("Food.xls", "995p", "A1:A43"); % Dosing Times
DORAL=xlsRead("Food.xls", "995p", "B1:B43"); % Dose in ug/kg 
prepare time rbcce cv urinetcpy
start@nocallback

mytable = [_time _rbcce _urinetcpy _cv*350.6]; %unit of conc = ug/L
save mytable @file='food_995.txt' @format=ascii
EXHIBIT
32.2





Certification
pursuant to 18 U.S.C. Section 1350,


as
adopted pursuant to Section 906 of the Sarbanes-Oxley act of
2002





In
connection with the Quarterly Report of Teliphone Corp. (the “Company”) on Form
10–Q for the period ended March 31, 2010, as filed with the Securities and
Exchange Commission on the date hereof (the “Report”), I, George Metrakos,
certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to
Section 906 of the Sarbanes–Oxley Act of 2002, to the best of his
knowledge, that:





1.      
The Report fully complies with the requirements of Section 13(a) or 15(d)
of the Securities Exchange Act of 1934; and





2.      
The information contained in the Report fairly presents, in all material
respects, the financial condition and results of operations of the
Company.





/s/
      George MetrakosGeorge
      Metrakos
              Principal
      Financial and Accounting Officer





Dated:
May 21, 2010
UNITED STATES OF AMERICA

Before the

SECURITIES AND EXCHANGE COMMISSION

SECURITIES EXCHANGE ACT OF 1934 

Release No. 98423 / September 18, 2023

ADMINISTRATIVE PROCEEDING

File No. 3-18843

In the Matter of

Petróleo Brasileiro S.A. - Petrobras,

Respondent.

:

:

:

:

:

:

:

ORDER DIRECTING 

DISBURSEMENT OF FAIR FUND

On June 28, 2021, the Commission published a Notice of Proposed Plan of Distribution 

and Opportunity for Comment (“Notice”),1pursuant to Rule 1103 of the Commission’s Rules on 

Fair Fund and Disgorgement Plans (the “Commission’s Rules”);2and simultaneously posted the 

Proposed Plan of Distribution (the “Proposed Plan”). The Notice advised interested persons that 

they could obtain a copy of the Proposed Plan from the Commission’s public website or by 

submitting a written request to Nancy Chase Burton, United States Securities and Exchange 

Commission, 100 F Street, NE, Washington, DC 20549-5876. The Notice also advised that all 

persons desiring to comment on the Proposed Plan could submit their comments, in writing, 

within 30 days of the Notice. The Commission received no comments on the Proposed Plan 

during the comment period. On August 27, 2021, the Division of Enforcement, pursuant to 

1

 Exchange Act Rel. No. 92274 (June 28, 2021).

2

 17 C.F.R. § 201.1103.
2

delegated authority, issued an order approving the Proposed Plan,3and posted the approved Plan 

of Distribution (the “Plan”).

The Plan provides for the distribution of the Fair Fund, plus accumulated interest to the 

harmed investors according to the methodology set forth in the Plan. 

In accordance with the Plan, the Claims Bar Date4has passed and all timely submitted 

claims have been processed by the Fund Administrator. All investors whose claims have been 

denied, in whole or in part, have been notified and provided the opportunity to cure.

Pursuant to the Plan, the Fund Administrator has submitted a payment file to Commission 

staff with a reasonable assurances letter as to the completeness and accuracy of the information 

contained therein. The Commission staff has reviewed and accepted the payment file and 

requests, pursuant to Rule 1101(b)(6) of the Commission’s Rules, 17 C.F.R. § 201.1101(b)(6), 

that the Commission authorize the transfer of $91,645,380.17 from the Fair Fund to the Fair 

Fund’s escrow account at The Huntington National Bank, N.A. for distribution by the Fund 

Administrator to the eligible claimants in accordance with the Plan. 

Accordingly, it is hereby ORDERED, that Commission staff shall transfer 

$91,645,380.17 from the Fair Fund to the Fair Fund’s escrow account at The Huntington 

National Bank, N.A., and the Fund Administrator shall distribute such monies to the eligible 

claimants in accordance with the Plan. 

For the Commission, by the Division of Enforcement, pursuant to delegated authority.5

Vanessa A. Countryman

Secretary 

3

 See Order Approving Plan of Distribution, Exchange Act Rel. No. 92787 (Aug. 27, 2021).

4

 All capitalized terms used herein but not defined shall have the same meanings ascribed to them in the Plan.

5

 17 C.F.R. § 200.30-4(a)(21)(v).
#### § 513.66 Denials and appeals of Freedom of Information Act requests.

If a request made pursuant to the Freedom of Information Act is denied in whole or in part, a denial letter must be issued and signed by the Director or his or her designee, and shall state the basis for denial under § 513.32. The requester who has been denied such access shall be advised that he or she may appeal that decision to the Office of Information and Privacy, U.S. Department of Justice, Suite 570, Flag Building, Washington, D.C. 20530. Both the envelope and the letter of appeal itself should be clearly marked: “Freedom of Information Act Appeal.”
#### § 51.11 Right to bring suit.

Submission to the Attorney General does not affect the right of the submitting authority to bring an action in the U.S. District Court for the District of Columbia for a declaratory judgment that the change affecting voting neither has the purpose nor will have the effect of denying or abridging the right to vote on account of race, color, or membership in a language minority group.

[Order No. 3262-2011, 76 FR 21243, Apr. 15, 2011]
§ 49.2 Duties of custodian. ( a ) Upon taking physical possession of documentary material, answers to interrogatories, or transcripts of oral testimony delivered pursuant to a civil investigative demand issued under section 3(a) of the Act, the antitrust document custodian designated pursuant to section 4(a) of the Act (subject to the general supervision of the Assistant Attorney General in charge of the Antitrust Division), shall, unless otherwise directed by a court of competent jurisdiction, select, from time to time, from among such documentary material, answers to interrogatories or transcripts of oral testimony, the documentary material, answers to interrogatories or transcripts of oral testimony the copying of which the custodian deems necessary or appropriate for the official use of the Department of Justice, and shall determine, from time to time, the number of copies of any such documentary material, answers to interrogatories or transcripts of oral testimony that are to be reproduced pursuant to the Act.
( b ) Copies of documentary material, answers to interrogatories, or transcripts of oral testimony in the physical possession of the custodian pursuant to a civil investigative demand may be reproduced by or under the authority of any officer, employee, or agent of the Department of Justice designated by the custodian. Documentary material for which a civil investigative demand has been issued but which is still in the physical possession of the person upon whom the demand has been served may, by agreement between such person and the custodian, be reproduced by such person, in which case the custodian may require that the copies so produced be duly certified as true copies of the original of the material involved.
[60 FR 44277, Aug. 25, 1995; 60 FR 61290, Nov. 29, 1995]
§ 41.4 Issuance of agency regulations. ( a ) Each agency shall issue, after notice and opportunity for comment, a regulation to implement section 504 with respect to the programs and activities to which it provides assistance. The regulation shall be consistent with this part.
( b ) Each agency shall issue a notice of proposed rulemaking no later than 90 days after the effective date of this part. Each agency shall issue a final regulation no later than 135 days after the end of the period for comment on its proposed regulation: *Provided,* That the agency shall submit its proposed final regulation to the Assistant Attorney General, Civil Rights Division, Department of Justice, for review at least 45 days before it is to be issued.
( c ) Each such agency regulation shall: ( 1 ) Define appropriate terms, consistent with the definitions set forth in § 41.3 and with the standards for determining who are handicapped persons set forth in subpart B of this part; and
( 2 ) Prohibit discriminatory practices against qualified handicapped persons in employment and in the provision of aid, benefits, or services, consistent with the guidelines set forth in subpart C of this part.
The regulation shall include, where appropriate, specific provisions adapted to the particular programs and activities receiving financial assistance from the agency. [43 FR 2132, Jan. 13, 1978. Redesignated and amended at 46 FR 40686, 40687, Aug. 11, 1981]