alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Dora Alicia MENDOZA-MARTINEZ, Petitioner, v. Alberto R. GONZALES, Attorney General, Respondent.

No. 05-74170.

United States Court of Appeals, Ninth Circuit.

*525Submitted March 12, 2007 *.

Filed March 15, 2007.

Ashley E. Martabano, Esq., Los Ange-les, CA, for Petitioner.

CAC-District Counsel, Esq., Office of the District Counsel Department of Homeland Security, Los Angeles, CA, Ronald E. Lefevre, Chief Counsel, Office of the District Counsel Department of Homeland Security, San Francisco, CA, Linda S. Wendtland, Esq., John R. Cunningham, Esq., DOJ — U.S. Department of Justice Civil Div./Office of Immigration Lit., Washington, DC, for Respondent.

Before: KOZINSKI, LEAVY, and BYBEE, Circuit Judges.

*

 The panel unanimously finds this case suitable for decision without oral argument. *See*Fed. R.App. P. 34(a)(2).

MEMORANDUM **

Dora Alicia Mendoza-Martinez, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to file a late notice of appeal. To the extent we have jurisdiction, it is under 8 U.S.C. § 1252. We deny in part and dismiss in part the petition for review.

The time limit for filing a notice of appeal with the BIA is mandatory and jurisdictional, *see Da Cruz v. INS,*4 F.3d 721, 722 (9th Cir.1993), and Mendoza-Martinez concedes her notice of appeal was untimely-

We lack jurisdiction to consider Mendoza-Martinez’s claim that the ineffective assistance of her prior counsel caused the late filing of her notice of appeal, because Mendoza-Martinez has not exhausted that claim. *See Ontiveros-Lopez v. INS,*213 F.3d 1121, 1124 (9th Cir.2000) (an alien must exhaust his administrative remedies with the *agency*prior to arguing ineffective assistance of counsel to this court).

Mendoza-Martinez’s unopposed request for this court to take judicial notice of the BIA’s December 22, 2005 order is granted.

Mendoza-Martinez’s request for oral argument is denied.

PETITION FOR REVIEW DISMISSED in part and DENIED in part.

**

 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
#### § 103.4 General.

This subpart implements the enforcement of the civil penalty provisions of section 501 of the Chemical Weapons Convention Implementation Act of 1998 (CWCIA), and sets forth relevant administrative proceedings by which such violations are adjudicated. Both the Department of State (in this subpart), and the Department of Commerce (in part 719 of the CWCR at 15 CFR parts 710 through 722) are involved in the implementation and enforcement of section 501.
#### Mary E. Roseman and Others, Respondents, v. Warren Delano, Appellant.

Decision amended by adding thereto a direction that said Warren Delano appear for examination on November 27, 1916, at eleven A. M., at the place and before the officer mentioned in the original order.
§ 270.6a-5 Purchase of certain debt securities by companies relying on section 6(a)(5) of the Act. For purposes of reliance on the exemption for certain companies under section 6(a)(5)(A) of the Act (15 U.S.C. 80a-6(a)(5)(A)), a company shall be deemed to have met the requirement for credit-worthiness of certain debt securities under section 6(a)(5)(A)(iv)(I) of the Investment Company Act (15 U.S.C. 80a-6(a)(5)(A)(iv)(I)) if, at the time of purchase, the board of directors (or its delegate) determines or members of the company (or their delegate) determine that the debt security is: ( a ) Subject to no greater than moderate credit risk; and
( b ) Sufficiently liquid that it can be sold at or near its carrying value within a reasonably short period of time.
[77 FR 70120, Nov. 23, 2012]
**EXHIBIT 31.1**
**CERTIFICATION OF PRESIDENT AND CHIEF EXECUTIVE OFFICER**
I, Vincent F. Sollitto Jr., certify that:
1. I have reviewed this quarterly report on Form 10-Q of Brillian Corporation; 2. Based on my knowledge, this report does not contain any untrue statementof a material fact or omit to state a material fact necessary to make thestatements made, in light of the circumstances under which such statementswere made, not misleading with respect to the period covered by thisreport; 3. Based on my knowledge, the financial statements, and other financialinformation included in this report, fairly present in all materialrespects the financial condition, results of operations, and cash flows ofthe registrant as of, and for, the periods presented in this report; 4. The registrant’s other certifying officer and I are responsible forestablishing and maintaining disclosure controls and procedures (asdefined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrantand we have:
a) Designed such disclosure controls and procedures, orcaused such disclosure controls and procedures to be designedunder our supervision, to ensure that material informationrelating to the registrant, is made known to us by others withinthose entities, particularly during the period in which thisreport is being prepared; b) Evaluated the effectiveness of the registrant’sdisclosure controls and procedures and presented in this reportour conclusions about the effectiveness of the disclosurecontrols and procedures, as of the end of the period covered bythis report based on such evaluation; and c) Disclosed in this report any change in the registrant’sinternal control over financial reporting that occurred duringthe registrant’s most recent fiscal quarter (the registrant’sfourth fiscal quarter in the case of an annual report) that hasmaterially affected, or is reasonably likely to materiallyaffect, the registrant’s internal control over financialreporting.
5. The registrant’s other certifying officer and I have disclosed, based onour most recent evaluation of internal control over financial reporting,to the registrant’s auditors and the audit committee of the registrant’sboard of directors (or persons performing the equivalent function):
a) All significant deficiencies and material weaknesses inthe design or operation of internal control over financialreporting which are reasonably likely to adversely affect theregistrant’s ability to record, process, summarize and reportfinancial information; and b) Any fraud, whether or not material, that involvesmanagement or other employees who have a significant role in theregistrant’s internal control over financial reporting.   Date: May 14, 2004   /s/ Vincent F. Sollitto Jr.   Vincent F. Sollitto Jr. President and Chief Executive Officer
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 Sovereign Exploration AssociatesInternational, Inc. (the "Company") on Form 10-Q for the period ended September30, 2005, as filed with the Securities and Exchange Commission on the datehereof (the "Report"),the undersigned certifies, pursuant to 18 U.S.C. Section1350, as adopted pursuant to Section 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 materialrespects, the financial condition and results of operations of the Company. 

 

|  
 

  Sovereign    Exploration Associates International, Inc.    BY: /s/ Robert D. Baca    Robert D. Baca, Chief Financial Officer    February 21, 2006
 

 

  |
|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
#### § 229.1117 (Item 1117) Legal proceedings.

Describe briefly any legal proceedings pending against the sponsor, depositor, trustee, issuing entity, servicer contemplated by Item 1108(a)(3) of this Regulation AB, originator contemplated by Item 1110(b) of this Regulation AB, or other party contemplated by Item 1100(d)(1) of this Regulation AB, or of which any property of the foregoing is the subject, that is material to security holders. Include similar information as to any such proceedings known to be contemplated by governmental authorities.
**EXHIBIT 32.2****RedEnvelope, Inc.****CERTIFICATION PURSUANT TO****18 U.S.C. SECTION 1350,****AS ADOPTED PURSUANT TO**SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002In connection with the Quarterly Report of RedEnvelope, Inc. (the “Company”) on Form 10-Q for thequarter ended July 3, 2005, as filed with the Securities and Exchange Commission on the date hereof(the “Report”), I, Polly E. Boe, Chief Financial Officer of the Company, certify, pursuant to 18U.S.C. Section 1350, as adopted pursuant to Section 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 SecuritiesExchange Act of 1934; and(2) The information contained in the Report fairly presents, in all material respects, thefinancial condition and results of operations of the Company.*/s/ Polly E. Boe*
Exhibit 31.2

                                  CERTIFICATION

            Pursuant to Section 302 of the Sarbanes Oxley Act of 2002

I, Carol Russell, certify that:

1. I have reviewed this quarterly report on Form 10-Q of Capital Beverage
Corporation.;

2. Based on my knowledge, this quarterly report does not contain any untrue
statement of a material fact or omit to state a material fact necessary to make
the statements made, in light of the circumstances under which such statements
were made, not misleading with respect to the period covered by this quarterly
report;

3. Based on my knowledge, the financial statements, and other financial
information included in this quarterly report, fairly present in all material
respects the financial condition, results of operations and cash flows of the
registrant as of, and for, the periods presented in this quarterly report;

4. I am responsible for establishing and maintaining disclosure controls and
procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the
registrant and I have:

         a) designed such internal controls to ensure that material information
relating to the registrant and its subsidiaries (collectively, the "Company") is
made known to me by others within the Company, particularly during the period in
which this quarterly report is being prepared;

         b) evaluated the effectiveness of the registrant's internal controls as
of a date within 90 days prior to the filing date of this quarterly report (the
"Evaluation Date"); and

         c) presented in this quarterly report my conclusions about the
effectiveness of the disclosure controls and procedures based on my evaluation
as of the Evaluation Date;

5. I have disclosed, based on our most recent evaluation, to the registrant's
auditors and the audit committee of the registrant's board of directors:

         a) all significant deficiencies (if any) in the design or operation of
internal controls which could adversely affect the registrant's ability to
record, process, summarize and report financial data and have identified for the
registrant's auditors any material weaknesses in internal controls; and

         b) any fraud, whether or not material, that involves management or
other employees who have a significant role in the registrant's internal
controls; and

6. I have indicated in this quarterly report whether or not there were
significant changes in internal controls or in other factors that could
significantly affect internal controls subsequent to the date of our most recent
evaluation, including any corrective actions with regard to significant
deficiencies and material weaknesses.

Date:  November  19, 2007

                                          By: /s/Carol Russell
                                                 -------------
                                                 Carol Russell
                                                 Treasurer
### §285g–10. Investment in tomorrow's pediatric researchers

In order to ensure the future supply of researchers dedicated to the care and research needs of children, the Director of the Institute, after consultation with the Administrator of the Health Resources and Services Administration, shall support activities to provide for—

(1) an increase in the number and size of institutional training grants to institutions supporting pediatric training; and

(2) an increase in the number of career development awards for health professionals who intend to build careers in pediatric basic and clinical research, including pediatric pharmacological research.

(July 1, 1944, ch. 373, title IV, §452G, as added Pub. L. 106–310, div. A, title X, §1002(a), Oct. 17, 2000, 114 Stat. 1128; amended Pub. L. 109–482, title I, §103(b)(31), Jan. 15, 2007, 120 Stat. 3688; Pub. L. 110–85, title V, §503(a), Sept. 27, 2007, 121 Stat. 890.)

#### **Editorial Notes**

#### Amendments

2007—Pub. L. 109–482 struck out subsec. (a) designation and heading before "In order to" and struck out heading and text of subsec. (b). Text read as follows: "For the purpose of carrying out subsection (a) of this section, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2001 through 2005."

Par. (2). Pub. L. 110–85 inserted ", including pediatric pharmacological research" before period at end.

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

#### Effective Date of 2007 Amendment

Amendment by Pub. L. 109–482 applicable only with respect to amounts appropriated for fiscal year 2007 or subsequent fiscal years, see section 109 of Pub. L. 109–482, set out as a note under section 281 of this title.
### §§2474 to 2477. Repealed. Pub. L. 111–314, §6, Dec. 18, 2010, 124 Stat. 3444

Section 2474, Pub. L. 85–568, title II, §204, July 29, 1958, 72 Stat. 431; Pub. L. 88–426, title III, §305(13)(B), Aug. 14, 1964, 78 Stat. 423; Pub. L. 88–448, title IV, §401(g), Aug. 19, 1964, 78 Stat. 490, which established the Civilian-Military Liaison Committee, had been previously omitted from the Code due to the abolition of the Committee and transfer of its functions to the President of the United States by sections 1(e) and 3(a) of Reorg. Plan No. 4 of 1965, set out in the Appendix to Title 5, Government Organization and Employees. For restated provisions of subsecs. (b) and (c) of prior section 2474, see section 20114 of Title 51, National and Commercial Space Programs.

Section 2475, Pub. L. 85–568, title II, §205, July 29, 1958, 72 Stat. 432, authorized international cooperation agreements. See section 20115 of Title 51.

Section 2475a, Pub. L. 106–391, title I, §126, Oct. 30, 2000, 114 Stat. 1585, related to competitiveness and international cooperation. See section 30701(a), (b)(2) of Title 51.

Section 2475b, Pub. L. 106–391, title III, §305, Oct. 30, 2000, 114 Stat. 1592, related to foreign contract limitation. See section 30702 of Title 51.

Section 2476, Pub. L. 85–568, title II, §206, July 29, 1958, 72 Stat. 432; Pub. L. 92–68, §7, Aug. 6, 1971, 85 Stat. 177; Pub. L. 106–391, title III, §302(b), Oct. 30, 2000, 114 Stat. 1591, related to reports to Congress. See section 20116 of Title 51.

Section 2476a, Pub. L. 85–568, title II, §207, as added Pub. L. 93–74, §7, July 23, 1973, 87 Stat. 175; amended Pub. L. 103–437, §15(j), Nov. 2, 1994, 108 Stat. 4593, related to disposal of excess land and approval by congressional committees. See section 20117 of Title 51.

Section 2476b, Pub. L. 85–568, title II, §208, as added Pub. L. 100–147, title I, §115, Oct. 30, 1987, 101 Stat. 866, related to Administrator's authority to accept gifts or donations for space shuttle orbiter, terminating five years after Oct. 30, 1987.

Section 2477, Pub. L. 90–67, §6, Aug. 21, 1967, 81 Stat. 170; Pub. L. 94–307, §8, June 4, 1976, 90 Stat. 681; Pub. L. 99–234, title I, §107(f), Jan. 2, 1986, 99 Stat. 1759; Pub. L. 109–155, title I, §106, Dec. 30, 2005, 119 Stat. 2912, related to Aerospace Safety Advisory Panel. See section 31101 of Title 51.
3401.000 Scope of part.       This part establishes a system of Department of Education (Department) acquisition regulations, referred to as the Education Acquisition Regulation (EDAR), for the codification and publication of policies and procedures of the Department that implement and supplement the Federal Acquisition Regulation (FAR).    **Parent topic:** PART 3401—ED ACQUISITION REGULATION SYSTEM
### §17374. Transparency in extractive industries resource payments

#### (a) Purpose

The purpose of this section is to—

(1) ensure greater United States energy security by combating corruption in the governments of foreign countries that receive revenues from the sale of their natural resources; and

(2) enhance the development of democracy and increase political and economic stability in such resource rich foreign countries.

#### (b) Statement of policy

It is the policy of the United States—

(1) to increase energy security by promoting anti-corruption initiatives in oil and natural gas rich countries; and

(2) to promote global energy security through promotion of programs such as the Extractive Industries Transparency Initiative (EITI) that seek to instill transparency and accountability into extractive industries resource payments.

#### (c) Sense of Congress

It is the sense of Congress that the United States should further global energy security and promote democratic development in resource-rich foreign countries by—

(1) encouraging further participation in the EITI by eligible countries and companies; and

(2) promoting the efficacy of the EITI program by ensuring a robust and candid review mechanism.

#### (d) Report

#### (1) Report required

Not later than 180 days after December 19, 2007, and annually thereafter, the Secretary of State, in consultation with the Secretary of Energy, shall submit to the appropriate congressional committees a report on progress made in promoting transparency in extractive industries resource payments.

#### (2) Matters to be included

The report required by paragraph (1) shall include a detailed description of United States participation in the EITI, bilateral and multilateral diplomatic efforts to further participation in the EITI, and other United States initiatives to strengthen energy security, deter energy kleptocracy, and promote transparency in the extractive industries.

#### (e) Authorization of appropriations

There is authorized to be appropriated $3,000,000 for the purposes of United States contributions to the Multi-Donor Trust Fund of the EITI.

(Pub. L. 110–140, title IX, §935, Dec. 19, 2007, 121 Stat. 1748.)

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

#### Effective Date

Section effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as a note under section 1824 of Title 2, The Congress.
EXHIBIT
23





CONSENTOF INDEPENDENT REGISTERED PUBLIC ACCOUNTING
FIRM










We
consent to the incorporation by reference in Registration Statement No.
333-52378 on Form S-8 of Coachmen Industries, Inc. of our report dated June 25,
2008, appearing in this Annual Report on Form 11-K of Coachmen Industries, Inc.
Retirement Plan and Trust for the year ended December 31, 2007 .










/s/ Crowe Chizek and Company
LLC




South
Bend, Indiana


June 25,
2008
### §284q–1. NIH opioid research

#### (a) In general

The Director of the National Institutes of Health (referred to in this section as the "NIH") may intensify and coordinate fundamental, translational, and clinical research of the NIH with respect to—

(1) the understanding of pain;

(2) the discovery and development of therapies for chronic pain; and

(3) the development of alternatives to opioids for effective pain treatments.

#### (b) Priority and direction

The prioritization and direction of the Federally funded portfolio of pain research studies shall consider recommendations made by the Interagency Pain Research Coordinating Committee in concert with the Pain Management Best Practices Inter-Agency Task Force, and in accordance with the National Pain Strategy, the Federal Pain Research Strategy, and the NIH-Wide Strategic Plan for Fiscal Years 2016–2020, the latter of which calls for the relative burdens of individual diseases and medical disorders to be regarded as crucial considerations in balancing the priorities of the Federal research portfolio.

(Pub. L. 114–198, title I, §108, July 22, 2016, 130 Stat. 705.)

#### **Editorial Notes**

#### Codification

Section was enacted as part of the Comprehensive Addiction and Recovery Act of 2016, and not as part of the Public Health Service Act which comprises this chapter.
#### § 229.1608 (Item 1608) Tender offer filing obligations.

If the special purpose acquisition company files a Schedule TO (§ 240.14d-100 of this chapter) pursuant to § 240.13e-4(c)(2) of this chapter (Rule 13e-4(c)(2)) for any redemption of securities offered to security holders, such Schedule TO must provide the information required by General Instruction L.2. to Form S-4, General Instruction I.2. to Form F-4, and Item 14(f)(2) of Schedule 14A (§ 240.14a-101 of this chapter), as applicable, in addition to the information otherwise required by Schedule TO. Such redemption must be conducted in compliance with all other provisions of §§ 240.13e-4 (Rule 13e-4) and 240.14e-1 through 240.14e-8 (Regulation 14E) of this chapter.
#### Laura Anzalone, Individually and as Administratrix of the Estate of Marissa Antonucci, Respondent, v City of New York et al., Appellants, et al., Defendant.

[818 NYS2d 920]

In an action, inter alia, to recover damages for negligent hiring and supervision, assault, and wrongful death, etc., the defendants City of New York and New York City Police Department appeal from an order of the Supreme Court, Kangs County (Solomon, J.), dated February 7, 2005, which denied their motion pursuant to CPLR 504 (3) to transfer venue from Kings County to Richmond County.

Ordered that the order is affirmed, without costs or disbursements.

“Although the language of CPLR 504 indicates that the choice of venue under that provision is mandatory, ‘CPLR 504 is no more jurisdictional than any other venue provision’ ” *(Rampe v Giuliani,*227 AD2d 605, 606 [1996], quoting *Champion v City of New York,*203 AD2d 508, 509 [1994]). “[Exceptions have been judicially recognized in the face of ‘compelling countervailing circumstances’ ” *(Ruiz v City of New York,*195 AD2d 327, 327 *[1993],*quoting *Rogers v U-Haul Co.,*161 AD2d 214, 215 [1990]; *see Chavez v School Constr. Consultants,*284 AD2d 361, 362 [2001]). Here, the Supreme Court providently exercised its discretion, in the interest of justice and to avoid the appearance *409of impropriety, by retaining venue in Kings County. Adams, J.P., Goldstein, Fisher and Lifson, JJ., concur.
#### Reba Kaplan, as Assignee, Respondent, v. Anita Eshay Fair Sex Jewels, Inc., Appellant.

Judgment and order unanimously affirmed, with costs. No opinion. Present — Callahan, J. P., Breitel, Bastow, Botein and Rabin, JJ.
#### Franciszek Slimowicz, as Administratrix, etc., Respondent, v. Philadelphia and Reading Railroad Company Appellant, Impleaded with Another.

Order affirmed, with ten dollars costs and disbursements, on the authority of *Oravecz*v. *Philadelphia & Reading R. Co. (171*App. Div. 941), with leave to appellant to appeal to the Court of Appeals. No opinion. Order to be settled on notice. Present—Clarke, P. J., McLaughlin, Scott, Dowling and Smith, JJ.