alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 18-60457

Summary Calendar

JOSE DAVID UMANZOR HERNANDEZ,

Petitioner

v.

WILLIAM P. BARR, U.S. ATTORNEY GENERAL,

Respondent

Petition for Review of an Order of the

Board of Immigration Appeals

BIA No. A216 075 168

Before HIGGINBOTHAM, ELROD, and DUNCAN, Circuit Judges.

PER CURIAM:*

Jose David Umanzor Hernandez, a citizen of El Salvador, petitions this 

court for review of the decision of the Board of Immigration Appeals (BIA) 

dismissing his appeal from the decision of the Immigration Judge denying his 

applications for withholding of removal and for relief under the Convention 

Against Torture (CAT). We review the BIA’s legal conclusions de novo and its 

findings of fact, including an alien’s eligibility for withholding of removal and 

 

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not 

be published and is not precedent except under the limited circumstances set forth in 5TH 

CIR. R. 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

May 14, 2019

Lyle W. Cayce

Clerk

 Case: 18-60457 Document: 00514956842 Page: 1 Date Filed: 05/14/2019
No. 18-60457

2

CAT protection, for substantial evidence. Milat v. Holder, 755 F.3d 354, 359 

(5th Cir. 2014); Chen v. Gonzales, 470 F.3d 1131, 1134 (5th Cir. 2006). 

According to Hernandez, the BIA erred in determining that his proffered 

social group consisting of imputed MS-13 gang members was not cognizable. 

However, he has abandoned that claim by failing to brief any argument 

challenging the BIA’s conclusion that his claimed particular social group was 

foreclosed by Matter of E-A-G, 24 I & N. Dec. 591 (BIA 2008), holding that such 

a group was not cognizable. See Soadjede v. Ashcroft, 324 F.3d 830, 833 (5th 

Cir. 2003) (holding that issues not argued by an alien seeking review of a BIA 

decision are deemed abandoned); see also Yohey v. Collins, 985 F.2d 222, 224-

25 (5th Cir. 1993). Even were that not so, the BIA’s determination that 

Hernandez’s request for withholding of removal was not based on fear of 

persecution related to membership in a cognizable particular social group was 

supported by substantial evidence. See Orellana-Monson v. Holder, 685 F.3d 

511, 519-22 (5th Cir. 2012); see also Chen, 470 F.3d at 1134.

Substantial record evidence likewise supports the BIA’s finding that 

Hernandez is not eligible for CAT relief because he has not shown that the 

Salvadoran government would torture him or acquiesce in his being subject to 

torture. See Morales v. Sessions, 860 F.3d 812, 818 (5th Cir. 2017); see also 

Garcia v. Holder, 756 F.3d 885, 892 (5th Cir. 2014); Chen, 470 F.3d at 1134. 

Accordingly, the petition for review is DENIED. 

 Case: 18-60457 Document: 00514956842 Page: 2 Date Filed: 05/14/2019
#### In the Matter of the Claim of Viola Bilski et al., Respondents, against Maxim Bobinski et al., Appellants. State Industrial Board, Respondent.

All concur.
<TABLE> <S> <C>

<ARTICLE>                     5
<CIK>   0000732718                      
<NAME>  MediaOne Group, Inc.
<MULTIPLIER>  1,000,000                     
       
<S>                             <C>               <C>
<PERIOD-TYPE>                   3-MOS             6-MOS
<FISCAL-YEAR-END>               DEC-31-1998       DEC-31-1998
<PERIOD-START>                  APR-01-1998       JAN-01-1998
<PERIOD-END>                    JUN-30-1998       JUN-30-1998
<CASH>                                  384               384
<SECURITIES>                              0                 0
<RECEIVABLES>                           376               376
<ALLOWANCES>                              0                 0
<INVENTORY>                               8                 8
<CURRENT-ASSETS>                        880               880
<PP&E>                                4,161             4,161
<DEPRECIATION>                          782               782
<TOTAL-ASSETS>                       25,389            25,389
<CURRENT-LIABILITIES>                 3,084             3,084
<BONDS>                               3,040             3,040
<PREFERRED-MANDATORY>                   661               661
<PREFERRED>                             924               924
<COMMON>                             10,515            10,515
<OTHER-SE>                            1,565             1,565
<TOTAL-LIABILITY-AND-EQUITY>         25,389            25,389
<SALES>                                 641             1,613
<TOTAL-REVENUES>                        641             1,613
<CGS>                                     0                 0
<TOTAL-COSTS>                             0                 0
<OTHER-EXPENSES>                        694             1,666
<LOSS-PROVISION>                          0                 0
<INTEREST-EXPENSE>                      143               293
<INCOME-PRETAX>                       3,716             3,388
<INCOME-TAX>                          1,542             1,436
<INCOME-CONTINUING>                   2,174             1,952
<DISCONTINUED>                       24,774            25,208
<EXTRAORDINARY>                        (333)             (333)
<CHANGES>                                 0                 0
<NET-INCOME>                         26,615            26,827
<EPS-PRIMARY>                         43.19             42.98
<EPS-DILUTED>                         40.27             40.12
        


</TABLE>
EXHIBIT 32
                                   ----------


                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 Realmark Property Investors
Limited Partnership - III (the "Partnership") on Form 10-Q for the period ending
June 30, 2004 as filed with the Securities and Exchange Commission on the date
hereof (the "Report"), I, Joseph M. Jayson, Individual General Partner and
Principal Financial Officer, certify, pursuant to 18 U.S.C. Section 1350, as
adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to the
best of my knowledge:

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

        (2)   The information contained in the Report fairly presents, in all
              material respects, the financial condition and result of the
              operations of the Partnership.


              August 16, 2004                   /s/ Joseph M. Jayson
              ---------------                   ------------------------------
                  Date                          Joseph M. Jayson,
                                                Individual General Partner and
                                                Principal Financial Officer
Exhibit 21.1

Volcom, Inc.

Names and Jurisdictions of Subsidiaries



|                                              |  |               
|--------------------------------------------- |  | --------------
|Electric Holding Corporation                  |  | Delaware      
|Electric Visual Evolution Australia Pty Ltd   |  | Australia     
|Electric Visual Evolution New Zealand Limited |  | New Zealand   
|Electric Visual Evolution Spain               |  | Spain         
|Electric Visual Evolution, LLC                |  | California    
|LS&S Retail, Inc.                             |  | Delaware      
|Sarl Electric Europe                          |  | France        
|Volcom Distribution (UK) Limited              |  | United Kingdom
|Volcom Entertainment, Inc.                    |  | California    
|Volcom International SARL                     |  | Switzerland   
|Volcom Japan Godogaishiya                     |  | Japan         
|Volcom Retail (UK) Limited                    |  | United Kingdom
|Volcom Retail France                          |  | France        
|Volcom Retail, Inc.                           |  | Delaware      
|Volcom SAS                                    |  | France        
|Welcom Distribution SARL                      |  | Switzerland
§ 216.91 Entitlement as an employee and spouse, divorced spouse, or survivor. ( a ) *General.* If an individual is entitled to an annuity as a spouse, divorced spouse or survivor, and is also entitled to an employee annuity, then the spouse, divorced spouse or survivor annuity must be reduced by the amount of the employee annuity. However, this reduction does not apply (except as provided in paragraph (b) of this section) if the spouse, divorced spouse or survivor or the individual upon whose earnings record the spouse, divorced spouse or survivor annuity is based worked for a railroad employer or as an employee representative before January 1, 1975.
( b ) *Tier I reduction.* If an individual is entitled to an annuity as a spouse, divorced spouse or survivor, and is also entitled to an employee annuity, then the tier I component of the spouse, divorced spouse or survivor annuity must be reduced by the amount of the tier I component of the employee annuity. Where the spouse or survivor is entitled to a tier II component, then a portion of this reduction may be restored in the computation of this component.
Exhibit 32.1

Certification pursuant to 18 U.S.C. 1350 as Adopted Pursuant to Section 906

of the
Sarbanes-Oxley Act of 2002

Each of the undersigned officers of Transcontinental Realty Investors, Inc., a Nevada corporation (the
Company) hereby certifies pursuant to 18 U.S.C. Section 1350 that:



| | (i) | The Companys Quarterly Report on Form 10-Q for the three months ended March 31, 2009, fully complies with the requirements of Section 13(a) or 15(d) of the
Securities Exchange Act of 1934, as amended, and
| | --- | -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



| | (ii) | The information contained in the Companys Quarterly Report on Form 10-Q for the three months ended March 31, 2009, fairly presents in all material respects, the financial
condition and results of operations of the Company, at and for the periods indicated.
| | ---- | -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



|                   |  |  |  |     |  |                                         |  |                                                                                    
|------------------ |  |  |  | --- |  | --------------------------------------- |  | -----------------------------------------------------------------------------------
|                   |  |  |  |     |  | TRANSCONTINENTAL REALTY INVESTORS, INC.
|                   |  |  | 
|Date: May 15, 2009 |  |  |  | By: |  | /s/ Daniel J. Moos                     
|                   |  |  |  |     |  |                                         |  | Daniel J. Moos                                                                     
|                   |  |  |  |     |  |                                         |  | President and Chief Operating Officer (Principal
Executive Officer)                
|                   |  |  | 
|Date: May 15, 2009 |  |  |  | By: |  | /s/ Gene S. Bertcher                   
|                   |  |  |  |     |  |                                         |  | Gene S. Bertcher                                                                   
|                   |  |  |  |     |  |                                         |  | Executive Vice President and Chief Accounting Officer (Principal Financial Officer)
Editorial Note on Part 416
Editorial Note: Nomenclature changes to part 416 appear at 68 FR 53509, Sept. 11, 2003.

§ 416.1237 Assistance received on account of major disaster. ( a ) Assistance received under the Disaster Relief and Emergency Assistance Act or other assistance provided under a Federal statute because of a catastrophe which is declared to be a major disaster by the President of the United States or comparable assistance received from a State or local government, or from a disaster assistance organization, is excluded in determining countable resources under § 416.1210.
( b ) Interest earned on the assistance is excluded from resources.
[57 FR 53852, Nov. 13, 1992]
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

DAY HIGH

 12,645

 13,382

 13,022

 12,841

 12,431

 13,187

 11,979

 10,492

 9,039

 9,436

 9,420

 8,249

 7,662

 6,938

 7,321

 7,882

 7,883

 7,314

 7,724

 8,782

 8,440

 10,021

 10,956

 11,677

 10,910

 9,738

 9,876

 9,963

 9,479

 9,067

 8,574

 4,935

 2,883

 4,406

 4,861

 4,693

 5,089

 4,829

 4,148

 3,530

 3,112

 3,421

 3,345

 3,054

 2,917

 3,019

 3,521

 3,893

 3,645

 3,971

 4,461

 4,550

 4,417

 4,619

 4,882

 5,270

 4,026

 3,133

 2,790

 2,856

 3,182

 3,033

 9,158

 7,754

 7,953

 8,386

 8,316

 8,909

 8,135

 7,002

 5,802

 5,849

 6,152

 5,633

 5,318

 5,102

 5,458

 5,998

 5,907

 5,565

 5,782

 6,374

 6,532

 7,213

 7,629

 8,272

 7,478

 6,686

 6,272

 6,047

 6,162

 6,567

 6,240

LOW MEAN

UNITED STATES DEPARTMENT OF THE INTERIOR

U.S. BUREAU OF RECLAMATION-CENTRAL VALLEY PROJECT-CALIFORNIA

OCTOBER 2010 WATER QUALITY REPORT RUN DATE: November 16, 2010

ELECTRICAL CONDUCTIVITY, UMHOS 

Comments:

0 reading indicates that the station was out of service.

PITTSBURG BOTTOM ON THE SACRAMENTO RIVER
<PAGE>   1
                                                                    EXHIBIT 23


                       CONSENT OF INDEPENDENT ACCOUNTANTS



We hereby consent to the incorporation by reference in this Registration
Statement on Form S-8 of our report dated March 8, 1999 appearing on page 31 of
the Borders Group, Inc. Annual Report on Form 10-K for the year ended January
24, 1999.




PRICEWATERHOUSECOOPERS LLP
Bloomfield Hills, Michigan
October 11, 1999
### §1642j. Time for filing of claims; notice

Within sixty days after August 8, 1958, or of legislation making appropriations to the Commission for payment of administrative expenses incurred in carrying out its functions under this subchapter, whichever date is later, the Commission shall give public notice by publication in the Federal Register of the time when, and the limit of time within which claims may be filed, which limit shall not be more than twelve months after such publication.

(Mar. 10, 1950, ch. 54, title IV, §411, as added Pub. L. 85–604, §1, Aug. 8, 1958, 72 Stat. 529.)
### §1922. Repealed. Pub. L. 104–127, title II, §228, Apr. 4, 1996, 110 Stat. 963

Section, acts Aug. 26, 1954, ch. 937, title IV, §402, 68 Stat. 843; July 8, 1955, ch. 301, §8(b), 69 Stat. 286; July 18, 1956, ch. 627, §8(b), 70 Stat. 558; Aug. 14, 1957, Pub. L. 85–141, §8(c), 71 Stat. 361; June 30, 1958, Pub. L. 85–477, ch. II, §205(b), 72 Stat. 266; July 24, 1959, Pub. L. 86–108, ch. II, §205(c), 73 Stat. 250; May 14, 1960, Pub. L. 86–472, ch. II, §204(c), 74 Stat. 136, related to disposition of surplus agricultural commodities and use of foreign currency proceeds.
#### § 31.133 Change in management.

A change in management that involves no change in ownership of the business requires an amended registration only if the change involves a person who is responsible for controlling the management policies or buying or selling practices of the business pertaining to alcohol beverages. The amended registration must be submitted on TTB Form 5630.5d on or before the next July 1 following the change.

(26 U.S.C. 5124)
Editorial Note on Part 416
Editorial Note: Nomenclature changes to part 416 appear at 68 FR 53509, Sept. 11, 2003.

§ 416.536 Underpayments—defined. An underpayment can occur only with respect to a period for which a recipient filed an application, if required, for benefits and met all conditions of eligibility for benefits. An underpayment, including any amounts of State supplementary payments which are due and administered by the Social Security Administration, is: ( a ) Nonpayment, where payment was due but was not made; or
( b ) Payment of less than the amount due. For purposes of this section, payment has been made when certified by the Social Security Administration to the Department of the Treasury, except that payment has not been made where payment has not been received by the designated payee, or where payment was returned.
[58 FR 52912, Oct. 13, 1993]
### §2389. Status and benefits of personnel assigned or detailed to foreign governments or international organizations

#### (a) Allowances, privileges, rights, seniority, and other benefits

Any officer or employee, while assigned or detailed under section 2387 or 2388 of this title shall be considered, for the purpose of preserving his allowances, privileges, rights, seniority, and other benefits as such, an officer or employee of the United States Government and of the agency of the United States Government from which detailed or assigned, and he shall continue to receive compensation, allowances, and benefits from funds appropriated to that agency or made available to that agency under this chapter.

#### (b) Representation allowances

Any officer or employee assigned, detailed, or appointed under section 2387, 2388, 2391, or 2384(d) 1 of this title is authorized to receive under such regulations as the President may prescribe, representation allowances similar to those allowed under section 4085 of this title. The authorization of such allowances and other benefits and the payment thereof out of any appropriations available therefor shall be considered as meeting all the requirements of section 5536 of title 5.

(Pub. L. 87–195, pt. III, §629, Sept. 4, 1961, 75 Stat. 452; Pub. L. 87–565, pt. III, §302(d), Aug. 1, 1962, 76 Stat. 262; Pub. L. 90–137, pt. III, §302(f), Nov. 14, 1967, 81 Stat. 460; Pub. L. 96–465, title II, §2203(b), Oct. 17, 1980, 94 Stat. 2159.)

#### **Editorial Notes**

#### References in Text

This chapter, referred to in subsec. (a), was in the original "this Act", meaning Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424, known as the Foreign Assistance Act of 1961. For complete classification of this Act to the Code, see Short Title note set out under section 2151 of this title and Tables.

Section 2384(d) of this title, referred to in subsec. (b), was repealed by Pub. L. 95–88, title I, §124(a)(1), Aug. 3, 1977, 91 Stat. 541.

#### Amendments

1980—Subsec. (b). Pub. L. 96–465 substituted "section 4085 of this title" for "section 1131 of this title".

1967—Subsec. (b). Pub. L. 90–137 substituted reference to section 5536 of title 5 for former section 70 of title 5.

1962—Subsec. (b). Pub. L. 87–565 substituted "2384(d)" for "2384(e)".

#### **Statutory Notes and Related Subsidiaries**

#### Effective Date of 1980 Amendment

Amendment by Pub. L. 96–465 effective Feb. 15, 1981, except as otherwise provided, see section 2403 of Pub. L. 96–465, set out as an Effective Date note under section 3901 of this title.

#### **Executive Documents**

#### Delegation of Functions

For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under section 2381 of this title.

1 See References in Text note below.
APPENDIX J 

CONSIDERATION OF BEST SCIENCE 

 
Cobbler II Timber Sale and Fuels Reduction Project FEIS 

J-1 

APPENDIX J 

CONSIDERATION OF BEST SCIENCE 

Analysis information provided in this report was based on a variety of methodologies, models, and 

procedures, all of which are derived from scientific sources included in the Literature Citations section. 

Many of the analytical processes were based on local protocols, and documentation for them is also 

included in the Literature Citations section. 

Forest Service policy is that proposed projects must be consistent with the Forest Plan and show 

consideration of “best available science” (Dillard 2007). Science is not absolute or irrefutable much of 

what we know in a science context is constantly evolving (Moghissi et al. 2008). This means that what 

constitutes best available science might vary over time and across scientific disciplines (Dillard 2007). 

An objective of considering best available science is for scientists “to provide a meaningful context to 

scientific information so that its validity might be judged and therefore useful to the policymaker” 

(Moghissi et al. 2008). 

Best available science for the Cobbler II analysis was evaluated and incorporated in specialist reports and 

in the Literature Citation section of this document. Personal opinions were generally judged not to be 

best available science. Local protocols and similar information issued by government agencies or others, 

which has not been subjected to an independent peer review, was evaluated for validity, meaningful 

context, and applicability of findings to the project area. Peer-reviewed science was evaluated, and we 

recognized the value of independent peer review. All Forest Service research literature is peer reviewed 

following UDSA Information Quality Scientific Research Guidelines. 

Although many more sources were considered than what is included in the Literature Citation section, the 

Literature Citation section demonstrates that best available science was considered when completing 

analyses documented in this EIS. 

Dillard, D.S. 2007 (June 20). Clarification of May 2nd, 2007, advice on documenting “best 

available science”; 1920/1950 memorandum to Regional Planning Directors. Washington, 

DC: U.S. Department of Agriculture, Forest Service, Washington Office. 2 p. 

Moghissi, A.A.; Love, B.R.; Straja, S.R.; McBride, D.K.; Swetnam, M.S. 2008. Best available 

science: its evolution, taxonomy, and application. Arlington, VA: Potomac Institute for 

Policy Studies. 93 p.
Editorial Note on Part 416
Editorial Note: Nomenclature changes to part 416 appear at 68 FR 53509, Sept. 11, 2003.

§ 416.222 Who is an essential person. ( a ) *General rule.* A person is an essential person if— ( 1 ) That person has continuously lived in the home of the same qualified individual since December 1973;
( 2 ) That person was not eligible for State assistance for December 1973;
( 3 ) That person was never eligible for SSI benefits in his or her own right or as an eligible spouse; and
( 4 ) There are State records which show that under a State plan in effect for June 1973, the State took that person's needs into account in determining the qualified individual's need for State assistance for December 1973. Any person who meets these requirements is an essential person. This means that the qualified individual can have more than one essential person.
( b ) *Absence of an essential person from the home of a qualified individual.* An essential person may be temporarily absent from the house of a qualified individual and still be an essential person. For example, the essential person could be hospitalized. We consider an absence to temporary if— ( 1 ) The essential person intends to return;
( 2 ) The facts support this intention;
( 3 ) It is likely that he or she will return; and
( 4 ) The absence is not longer than 90 days.
( c ) *Absence of a qualified individual from his or her home.* You may be temporarily absent from your home and still have an essential person. For example, you could be hospitalized. We consider an absence to be temporary if— ( 1 ) You intend to return;
( 2 ) The facts support your intention;
( 3 ) It is likely that you will return; and
( 4 ) Your absence does not exceed six months.
( d ) *Essential person becomes eligible for SSI benefits.* If an essential person becomes eligible for SSI benefits, he or she will no longer be an essential person beginning with the month that he or she becomes eligible for the SSI benefits.