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NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

SANTOS NOEL BENITEZ,

Petitioner,

 v.

LORETTA E. LYNCH, Attorney General,

Respondent.

No. 14-73614

Agency No. A094-457-760

MEMORANDUM*

On Petition for Review of an Order of the

Board of Immigration Appeals

Argued and Submitted July 7, 2016

Pasadena, California

Before: FERNANDEZ, CLIFTON, and FRIEDLAND, Circuit Judges.

Petitioner Santos Noel Benitez, a native and citizen of El Salvador, petitions 

for review of an order of the Board of Immigration Appeals (BIA) dismissing his 

appeal from an immigration judge’s decision denying his motion to reopen 

removal proceedings. We review for abuse of discretion the denial of a motion to 

reopen. Singh v. Holder, 771 F.3d 647, 650 (9th Cir. 2014). We grant the 

 

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

except as provided by Ninth Circuit Rule 36-3.

FILED

AUG 16 2016

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
 2 

petition for review and remand for further proceedings.

Petitioner moved to reopen so that he could pursue an I-601A provisional 

waiver of inadmissibility pursuant to 8 C.F.R. § 212.7. With respect to an 

individual like Benitez who has been in removal proceedings, such a waiver is 

available only if the agency has administratively closed proceedings, instead of 

entering a removal order. 8 C.F.R. §§ 212.7(e)(3)(ii), (4)(v); see also Provisional 

Unlawful Presence Waivers of Inadmissibility for Certain Immediate Relatives, 78 

Fed. Reg. 536, 545 (Jan. 3, 2013).

The BIA correctly noted that Petitioner was ordered removed, rendering him 

presently ineligible for the waiver. The BIA abused its discretion in denying 

Benitez’s motion to reopen, however, because it appears not to have considered

whether Benitez was entitled to the requested relief as a matter of discretion. See 

8 C.F.R. § 1003.2(a); Singh, 771 F.3d at 653 (holding that the Board’s denial of a 

motion to reopen on jurisdictional grounds was legal error, and thus an abuse of 

discretion, because it had authority to reopen under § 1003.2(a)); see also FrancoRosendo v. Gonzales, 454 F.3d 965, 967-68 (9th Cir. 2006) (remanding to the BIA 

for further proceedings on the basis of the BIA’s failure to weigh favorable and 

unfavorable factors and to consider the petitioner’s evidence in determining 
 3 

whether reopening is appropriate). We therefore grant the petition and remand for 

further proceedings.

PETITION FOR REVIEW GRANTED and REMANDED.
§ 76.5 Complaint. ( a ) If the respondent requests an adjudicatory proceeding, the United States Attorney, within fifteen (15) days after receipt of the request, shall file a complaint against the respondent with a Judge who has been assigned to hear and decide the case and shall serve a copy of the complaint on the respondent as provided in 28 CFR 76.6(b).
( b ) The complaint shall contain a concise statement of factual allegations informing the respondent of the act or conduct alleged to be in violation of law, the approximate date, place and location of the alleged violation including the federal district, the statutory provisions alleged to have been violated, the amount of penalty for which the respondent could be held liable, and the amount of the proposed penalty. It shall also indicate the date upon which the Notice of Intent to Assess Civil Penalty was served and shall be accompanied by a copy of that notice.
#### § 773.101 Purpose.

The purpose of this part is to establish the requirements for an application by a State to participate in the Surface Transportation Project Delivery Program (Program). The Program allows, under certain circumstances, the Secretary to assign and a State to assume the responsibilities under the National Environmental Policy Act of 1969 (NEPA) and for environmental review, consultation, or other action required under certain Federal environmental laws with respect to one or more highway, railroad, public transportation, or multimodal projects within the State.
### §460nnn–121. Authorization of appropriations

Except as provided in sections 460nnn–91(c) and 460nnn–122 of this title, there is hereby authorized to be appropriated such sums as may be necessary to carry out this subchapter.

(Pub. L. 106–399, title VII, §701, Oct. 30, 2000, 114 Stat. 1673.)

#### **Editorial Notes**

#### References in Text

This subchapter, referred to in text, was in the original "this Act", meaning Pub. L. 106–399, Oct. 30, 2000, 114 Stat. 1655, known as the Steens Mountain Cooperative Management and Protection Act of 2000, which is classified generally to this subchapter. For complete classification of this Act to the Code, see Short Title note set out under section 460nnn of this title and Tables.
§ 74.5 Identification of eligible persons. ( a ) The Office shall establish an information system with names and other identifying information of potentially eligible individuals from the following sources: ( 1 ) Official sources: ( i ) The National Archives;
( ii ) The Department of Justice;
( iii ) The Social Security Administration;
( iv ) Internal Revenue Service;
( v ) University libraries;
( vi ) State and local libraries;
( vii ) State and local historical societies;
( viii ) State and local agencies.
( 2 ) Unofficial sources: ( i ) Potentially eligible individuals;
( ii ) Eligible individuals, relatives, legal guardians, representatives, or attorneys;
( iii ) Civic associations;
( iv ) Religious organizations;
( v ) Such other sources that the Administrator determines are appropriate.
( b ) Historic information pertaining to individuals listed in official United States Government records will be analyzed to determine if such persons are eligible for compensation as set forth in section 108 of the Act.
( c ) Persons not listed in the historic records of the United States Government who volunteer information pertaining to their eligibility may be required by the Administrator to submit affidavits and documentary evidence to support assertions of eligibility.
Questions for Big Bend Regarding FGD Syst em and FGD Wastewater Treatment System

NOTE: For questions that are as king you to confirm information, please correct any information that is incorrect (e.g., if the FGD wastewater treatment system operation has changed from the description listed in the ques tions, please provide a descript ion of how it now operates). Additionally, please iden tify which information, if any, is considered confidential business information.

1. Please confirm the FGD wastewater treat ment system has the following steps:

 Equalization tank;

 pH adjustment (lime addition);

 Ferric chloride addition;

 Mixing tank;

 Flocculating polymer addition;

 Clarification;

o Overflow to pH adjustment (hydrochloric acid addition);

o Underflow to filter press; and

o Filtrate recycled back to equalization tank.

 Filtration.

All of the information listed is correct with a minor correction. The filter press filtrate is not always recycled back to the equalization tank. If the filter press is working properly, it can be mi xed with treated water and discharged through the internal outfall.

2. Please confirm that the effluent from the wast ewater treatment plant is transferred to the treated water transfer tank a nd discharged from the plant. Also confirm that the plant dilutes the effluent with once-through cooling wate r prior to discharge.

This information is correct.

3. For which pollutants is the plant trying to optimize removals?

 What concentration levels need to be ach ieved by the system for these pollutants?

 What concentration levels is the sy stem achieving for these pollutants?

Please treat the following response as confidential business information.

[CBI Information has been removed.]

4. What is the typical scrubber pur ge influent flow rate to th e wastewater treatment system (not including any recirculation streams) , based on an average 24-hour time period?

The scrubber purge influent into the wastewater treatment system is not a gauged internal stream. The only gau ged stream is the equalization tank influent into the wastewater treatment system, which flows at an average of 190 – 195 gallons per minute.5. Who designed the FGD wastewater treatment system?

The original wastewater treatment system was designed by Raytheon and modifications to the system after init ial installation were designed by The Washington Group.
### §4908. Call for information

Within one month after October 23, 1992, the Secretary shall issue a call for information on the wild bird conservation program of each country that exports exotic birds, by—

(1) publishing a notice in the Federal Register requesting submission of such information to the Secretary by all interested persons; and

(2) submitting a written request for such information through the Secretary of State to each country that exports exotic birds.

(Pub. L. 102–440, title I, §109, Oct. 23, 1992, 106 Stat. 2229.)
EXHIBIT 99.1

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 PremierWest Bancorp (the Company) on Form 10-Q for the quarter ended
March 31, 2003, as filed with the Securities and Exchange Commission on the date hereof
(the Report), I, John Anhorn, President and Chief Executive Officer of the
Company, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of
the Sarbanes-Oxley Act of 2002, 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 result of operations of the Company for
          the period certified.
| | --- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

/s/ John AnhornJohn AnhornPresident and Chief
Executive OfficerMay 6, 2003
[Federal Register Volume 76, Number 57 (Thursday, March 24, 2011)]
[Rules and Regulations]
[Page 16533]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-6791]


-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 529

[Docket No. FDA-2010-N-0002]


Certain Other Dosage Form New Animal Drugs; Detomidine; 
Correction

AGENCY: Food and Drug Administration, HHS.

ACTION: Correcting amendment.

-----------------------------------------------------------------------

SUMMARY: The Food and Drug Administration (FDA) published a document in 
the Federal Register of April 23, 2010 (75 FR 21162), that amended the 
animal drug regulations to reflect approval of an original new animal 
drug application (NADA). FDA is correcting a paragraph describing 
limitations to the approved conditions of use for detomidine 
hydrochloride oromucosal gel in horses. This correction is being made 
to improve the accuracy of the animal drug regulations.

DATES: This rule is effective March 24, 2011.

FOR FURTHER INFORMATION CONTACT: George K. Haibel, Center for 
Veterinary Medicine (HFV-6), Food and Drug Administration, 7519 
Standish Pl., Rockville, MD 20855, 240-276-9019, e-mail: 
<a href="/cdn-cgi/l/email-protection#98dffdf7eafffdb6d0f9f1fafdf4d8fefcf9b6f0f0ebb6fff7ee"><span class="__cf_email__" data-cfemail="adeac8c2dfcac883e5ccc4cfc8c1edcbc9cc83c5c5de83cac2db">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: FDA published a document in the Federal 
Register of April 23, 2010 (75 FR 21162), that amended the animal drug 
regulations to reflect approval of an original NADA. FDA is correcting 
a paragraph describing limitations to the approved conditions of use 
for detomidine hydrochloride oromucosal gel in horses. This correction 
is being made to improve the accuracy of the animal drug regulations.

List of Subjects in 21 CFR Part 529

    Animal drugs.

    Accordingly, 21 CFR part 529 is corrected by making the following 
correcting amendment:

PART 529--CERTAIN OTHER DOSAGE FORM NEW ANIMAL DRUGS

0
1. The authority citation for part 529 continues to read as follows:

    Authority: 21 U.S.C. 360b.


0
2. In Sec.  529.536, amend paragraph (c)(3) by adding a sentence after 
the first sentence to read as follows:


Sec.  529.536  Detomidine.

* * * * *
    (c) * * *
    (3) * * * Do not use in horses intended for human consumption.

    Dated: March 17, 2011.
Leslie Kux,
Acting Assistant Commissioner for Policy.
[FR Doc. 2011-6791 Filed 3-23-11; 8:45 am]
BILLING CODE 4160-01-P


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### §460z–7. Hunting, fishing, and trapping

The Secretary shall permit hunting, fishing, and trapping on lands and waters under his jurisdiction within the boundaries of the recreation area in accordance with applicable laws of the United States and the State of Oregon, except that the Secretary may designate zones where, and establish periods when, no hunting, fishing, or trapping shall be permitted for reasons of public safety, administration, or public use and enjoyment. Except in emergencies, any regulation of the Secretary pursuant to this section shall be put into effect only after consultation with the appropriate State fish and game department.

(Pub. L. 92–260, §9, Mar. 23, 1972, 86 Stat. 101.)
### §45e. Violations of park regulations; penalty

Any person found guilty of violating any of the provisions of this Act or any rule or regulation that may be promulgated by the Secretary of the Interior with reference to the management and care of the park, or for the protection of the property therein, for the preservation from injury or spoliation of timber, natural curiosities, or other objects within said park, or for the protection of the animals, birds, and fish in said park, shall be deemed guilty of a misdemeanor, and shall be subjected to a fine of not more than $500 or imprisonment not exceeding six months or both.

(July 3, 1926, ch. 744, §5, 44 Stat. 820.)

#### **Editorial Notes**

#### References in Text

This Act, referred to in text, is act July 3, 1926, which is classified to sections 45a, 45b to 45e, and 688 of this title. For complete classification of this Act to the Code, see Tables.
<TABLE> <S> <C>


<ARTICLE>            5
<MULTIPLIER>      1,000

<S>                                      <C>
<PERIOD-TYPE>                            YEAR
<FISCAL-YEAR-END>                        JAN-01-2000
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<CASH>                                                    53,641
<SECURITIES>                                                   0
<RECEIVABLES>                                             27,918
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<INVENTORY>                                              230,416
<CURRENT-ASSETS>                                         326,832
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<DEPRECIATION>                                           494,548
<TOTAL-ASSETS>                                         1,329,990
<CURRENT-LIABILITIES>                                    273,254
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<INCOME-CONTINUING>                                       98,018
<DISCONTINUED>                                                 0
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<EPS-BASIC>                                               2.32
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IN THE SUPREME COURT OF THE STATE OF MONTANA

No. DA 19-0062

STATE OF MONTANA,

Plaintiff and Appellee, 

v. 

FRANK MACIEL,

Defendant and Appellant.

ORDER

Upon consideration of Appellant’s motion for extension of time, 

and good cause appearing,

IT IS HEREBY ORDERED that Appellant is granted an extension 

of time to and including April 13, 2020, within which to prepare, file, 

and serve Appellant’s opening brief on appeal.

Electronically signed by:

Mike McGrath

Chief Justice, Montana Supreme Court

March 6 2020

03/06/2020

Case Number: DA 19-0062
Docket No. FAA - 2012 - 10 03
§ 54.500 Employment. ( a ) *General.* ( 1 ) No person shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination in employment, or recruitment, consideration, or selection therefor, whether full-time or part-time, under any education program or activity operated by a recipient that receives Federal financial assistance.
( 2 ) A recipient shall make all employment decisions in any education program or activity operated by such recipient in a nondiscriminatory manner and shall not limit, segregate, or classify applicants or employees in any way that could adversely affect any applicant's or employee's employment opportunities or status because of sex.
( 3 ) A recipient shall not enter into any contractual or other relationship which directly or indirectly has the effect of subjecting employees or students to discrimination prohibited by §§ 54.500 through 54.550, including relationships with employment and referral agencies, with labor unions, and with organizations providing or administering fringe benefits to employees of the recipient.
( 4 ) A recipient shall not grant preferences to applicants for employment on the basis of attendance at any educational institution or entity that admits as students only or predominantly members of one sex, if the giving of such preferences has the effect of discriminating on the basis of sex in violation of these Title IX regulations.
( b ) *Application.* The provisions of §§ 54.500 through 54.550 apply to: ( 1 ) Recruitment, advertising, and the process of application for employment;
( 2 ) Hiring, upgrading, promotion, consideration for and award of tenure, demotion, transfer, layoff, termination, application of nepotism policies, right of return from layoff, and rehiring;
( 3 ) Rates of pay or any other form of compensation, and changes in compensation;
( 4 ) Job assignments, classifications, and structure, including position descriptions, lines of progression, and seniority lists;
( 5 ) The terms of any collective bargaining agreement;
( 6 ) Granting and return from leaves of absence, leave for pregnancy, childbirth, false pregnancy, termination of pregnancy, leave for persons of either sex to care for children or dependents, or any other leave;
( 7 ) Fringe benefits available by virtue of employment, whether or not administered by the recipient;
( 8 ) Selection and financial support for training, including apprenticeship, professional meetings, conferences, and other related activities, selection for tuition assistance, selection for sabbaticals and leaves of absence to pursue training;
( 9 ) Employer-sponsored activities, including social or recreational programs; and
( 10 ) Any other term, condition, or privilege of employment.
1

Troutman, Jake (FAA)

From: Troutman, Jake (FAA)

Sent: Wednesday, July 29, 2015 8:31 AM

To: 'r.patrick.thornberry@FaegreBD.com'

Cc: Pappas, Rob (FAA)

Subject: Request for Additional Information - CameraBee, LLC

Mr. Thornberry,

This letter is to inform you that the following information is missing from your petition (Docket No. FAA‐2015‐

1755).  This information is necessary for the Federal Aviation Administration (FAA) to process your petition.  

* Describe the aircraft make(s), model(s), and type(s)(i.e. ‐ fixed‐wing,rotorcraft, lighter‐than‐air) for the proposed UAS

operation.  The description(s) should include the maximum weight (including payload).  This information can be located

in the aircraft manual(s).  

* Provide a copy of the Motion Picture and Television Operations Manual (MPTOM) which is required by Order 8900.1,

Volume 3, Chapter 8, Section 1.  If you wish for us to proceed without this manual and remove closed‐set filming from

your proposed operation please inform of us of your intention by the requested response date listed below.  

Please submit the additional information (non‐proprietary) to your docket at www.regulations.gov and submit any

proprietary information to the FAA Headquarters or electronically via e‐mail to 333exemptions@faa.gov.  If you want us

to process your request any further, we must receive the information described above by 8/13/15.  If we do not receive

the information, we will close the docket without notifying you further.  

If you have any questions, please feel free to contact me at (202) 267‐9521.  

Sincerely,

Jake J Troutman

Program Analyst | Rulemaking

FAA Office of Aviation Safety

Airmen and Airspace Rules Division

202‐267‐9521
**Exhibit 23**

 

**CONSENTOF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**

 

Weconsent to the incorporation by reference in the Registration Statements (FileNos. 2-99967, 33-35951, 333-04273, 333-10415, 333-107159, 333-175155, 333-18523,333-38047, 333-41447, 333-89437, 333-72906, 333-36252, 333-92531, 333-122019and 333-115922) of Hilton Hotels Corporation and subsidiaries of our reportsdated March 10, 2006, with respect to the consolidated financial statements ofHilton Hotels Corporation and subsidiaries and Hilton Hotels Corporationmanagement’s assessment of the effectiveness of internal control over financialreporting, and the effectiveness of internal control over financial reportingof Hilton Hotels Corporation, included in this Annual Report (Form 10-K) forthe year ended December 31, 2005.

 
|   | Ernst & Young LLP |   |
|--------|-----------------------|--------|

 

 

March 10,2006

 

----