alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Martha REYES, Petitioner, v. Alberto R. GONZALES, Attorney General, Respondent.

No. 06-75013.

United States Court of Appeals, Ninth Circuit.

Submitted March 12, 2007 *.

Filed March 16, 2007.

Brenda Diaz, Phung, Miyamoto & Diaz, LLP, Los Angeles, CA, for Petitioner.

CAS-District Counsel, Office of the District Counsel, Department of Homeland Security, San Diego, CA, Ronald E. Le-fevre, Chief Counsel, Office of the District Counsel, Department of Homeland Security, San Francisco, CA, Mark C. Walters, Esq., Melissa Neiman-Kelting, U.S. Department of Justice, Civil Div./Office of Immigration Lit., Washington, DC, for Respondent.

Before: CANBY, TROTT and FISHER, Circuit Judges.

*

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

MEMORANDUM **

Martha Reyes petitions for review of the Board of Immigration Appeals’ (“BIA”) decision finding her ineligible for a waiver under either 8 U.S.C. § 1182(d)(ll) or 8 U.S.C. § 1182(h) to the charge of inadmissibility for alien smuggling in violation of 8 U.S.C. § 1182(a)(6)(E)®.

We agree with the BIA’s conclusion that petitioner is not eligible for a waiver under 8 U.S.C. § 1182(d)(ll) because the individual involved in the smuggling attempt is not a recognized family member under the waiver. *See Moran v. Ashcroft,*395 F.3d 1089, 1094 (9th Cir.2005) (holding that the waiver under 8 U.S.C. § 1182(d)(ll) applies to an alien who “has encouraged induced, assisted, abetted, or aided only an individual who at the time of such action was the alien’s spouse, parent, son or daughter (and no other individual) to enter the United States in violation of law.”). Moreover, the BIA correctly concluded the waiver under 8 U.S.C. § 1182(h) does not apply to a charge under 8 U.S.C. § 1182(a)(6)(E)®. *See 8*U.S.C. § 1182(h).

The petition for review and motion for stay of removal fail to raise any legal arguments regarding the BIA’s decision. The respondent filed a motion for summary disposition which petitioner has not opposed. Because petitioner has failed to raise a challenge to the BIA’s decision, respondent’s unopposed motion for summary disposition is granted. *See United States v. Hooton,*693 F.2d 857, 858 (9th Cir.1982) (per curiam) (stating standard). The petition for review is denied.

All other pending motions are denied as moot. The temporary stay of removal shall continue in effect until issuance of the mandate.

PETITION FOR REVIEW DENIED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
§ 886.130 Management and occupancy reviews. ( a ) The contract administrator will conduct management and occupancy reviews to determine whether the owner is in compliance with the Contract. Such reviews will be conducted in accordance with a schedule set out by the Secretary and published in the Federal Register *,* following notice and the opportunity to comment. Where a change in ownership or management occurs, a management and occupancy review must be conducted within six months.
( b ) HUD or the Contract Administrator may inspect project operations and units at any time.
( c ) Equal Opportunity reviews may be conducted by HUD at any time.
[87 FR 37997, June 27, 2022]
OG/03/201 0 1G:4 TFAX 202493514 2 FA A• * DM S @]001/00 3

;-':; Tr-.- 

### UNITE D STATE S DEPARTMEN TO F TRANSPORTATIO N

OFFIC E O F HEARING S WASHINGTON , D.C . I n th e Matte rof : America n Eagl e Airlines , Inc . FA ACas e No . 2008SW21028 8 FA ADocket No . CP09SW000 6 Hon . Richar

d C . Goodwi n BRIEFIN G ORDE R Th e partie s i h th e above numbere d and . entitle d matte rhave mutuall y agree d t o submi t post-hearin g briefs as follows : Complainant' s BriefJun e 4 , 201 0 Respondent' s BriefJul y2,201 0 Complainant' s Repl yBrie f Jul y16 , 201 0 v Respectfull ysubmitted , LYNETTEWOR D Regiona l Counse l Southwest Regio n Ren a M , Pric e Senio rAttorne y Safet yEnforcemen t Branc h Federa l Aviatio n Administratio n For t Worth , T

X 7613 7 By :

i-ii ' vj " 7.: }

•'I I ' - •'• < - I ;;,f- .

• , ' ,•••. ' u ; ; ~\::i . •- . •.:> . •-.y , \ 

### }RWio: ]OG/03/201 0 1G:4 7 FAX 202493514 2 FA A * DMS @1002/00 3

Franci s C . Hell , Senio rAttorne y Lega l Departmen t America n Airiines , Inc . PC-Box61961 6 MD567 5 DF WAirport , T X 75261-961 6 I TI S S O ORDERE D thi s da yof . 

### , 

### 2010 .

Richar d C . Goodwi n U . S . Administrativ e La wJudg e06/03/201 0 16:4 7 FA X 202493514 2 FA A. nu o '^'^' ^ ^ DM S E1003/00 3

SERVIC E LIS ! ORIGINA L AN D ON E COP Y Hearin g Docke t Federa l Aviatio n Administratio n 80 0 Independenc e Avenue , S.W . Washington , D C 2059 1 Alt : Hearin g Docke t Clerk , AGC-43 0 Wilbu rWright Bulldin n - Roo m 201 4 ON E COP Y Ren a M . Pric e Senio rAttorney . SafetyEnforcemen t Branc h Federa l Aviatio n Adniinlsfratio n 260 1 Meacha m Blvd . R m 66 3 For t Worth . T X 7613 7 Franci s C . Heil , Esq . Lega l Department America n Airlines . Inc . 433 3 Amo n Carte rBlvd. , M O 567 5 For t Worth . T X 7615 5 Th e Honorabl e Richar d Hon . Richar d C . Goodwi n DO TOffic e o fHearings , M-2 0 Eas t Buildin g Groun d Floor . Rm . El2-32 0 120 0 Ne wJerse yAve , S.E . Washington . D C 2069 0 TEL : 202^366-213 9 - AttyAdviso r 202/366-512 1 - Lega l Assistan t FAX : 202/366-753 6
#### § 3286.401 Purpose.

The purpose of this subpart E is to set out the responsibilities of the installer who is accountable for the installation of a manufactured home in compliance with the requirements of the HUD-administered installation program.
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000,000
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          OCT-31-1998
<PERIOD-END>                               OCT-31-1998
<CASH>                                             440
<SECURITIES>                                       624
<RECEIVABLES>                                     2178
<ALLOWANCES>                                        32
<INVENTORY>                                        505
<CURRENT-ASSETS>                                     0<F1>
<PP&E>                                            2082
<DEPRECIATION>                                     976
<TOTAL-ASSETS>                                    6178
<CURRENT-LIABILITIES>                                0<F1>
<BONDS>                                           2122
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          4
<COMMON>                                          2139
<OTHER-SE>                                      (1374)
<TOTAL-LIABILITY-AND-EQUITY>                      6178
<SALES>                                           7629
<TOTAL-REVENUES>                                  7885
<CGS>                                             6498
<TOTAL-COSTS>                                     7475
<OTHER-EXPENSES>                                   174
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 105
<INCOME-PRETAX>                                    410
<INCOME-TAX>                                       111
<INCOME-CONTINUING>                                299
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       299
<EPS-PRIMARY>                                     4.16<F2>
<EPS-DILUTED>                                     4.11
<FN>
<F1>The company has adopted an unclassified presentation in the Statement of
Financial Condition.
<F2>Amount represents Basic Earnings Per Share.
</FN>
        

</TABLE>
I 

109TH CONGRESS 

1ST SESSION H. R. 3224

To suspend temporarily the duty on 1,2-Benzisothiazol-3(2H)-one (9CI). 

IN THE HOUSE OF REPRESENTATIVES 

JULY 12, 2005

Mr. BUYER introduced the following bill; which was referred to the Committee 

on Ways and Means 

A BILL

To suspend temporarily the duty on 1,2-Benzisothiazol3(2H)-one (9CI).

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. 1,2-BENZISOTHIAZOL-3(2H)-ONE (9CI). 

4 (a) IN GENERAL.—Subchapter II of chapter 99 of 

5 the Harmonized Tariff Schedule of the United States is 

6 amended by inserting in numerical sequence the following 

7 new heading:

‘‘ 9902.11.08 1,2-Benzisothiazol-3(2H)-

one (9CI) (CAS No. 2634–

33–5) (provided for in subheading 3808.40.10) ............ Free No change No change On or before 

12/31/2008 ’’. 
2

•HR 3224 IH 

1 (b) EFFECTIVE DATE.—The amendment made by 

2 subsection (a) applies to goods entered, or withdrawn from 

3 warehouse for consumption, on or after the 15th day after 

4 the date of the enactment of this Act.

Æ
<TABLE> <S> <C>


<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               SEP-30-1997
<CASH>                                       1,869,766
<SECURITIES>                                         0
<RECEIVABLES>                                1,921,742
<ALLOWANCES>                                   114,000
<INVENTORY>                                          0
<CURRENT-ASSETS>                             4,367,224
<PP&E>                                       4,319,624
<DEPRECIATION>                               1,336,368
<TOTAL-ASSETS>                               9,907,698
<CURRENT-LIABILITIES>                        1,647,416
<BONDS>                                        946,697
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                     6,592,846
<OTHER-SE>                                     497,449
<TOTAL-LIABILITY-AND-EQUITY>                 9,907,698
<SALES>                                              0
<TOTAL-REVENUES>                            10,680,423
<CGS>                                        5,629,825
<TOTAL-COSTS>                               10,353,288
<OTHER-EXPENSES>                              (22,618)
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                           (149,285)
<INCOME-PRETAX>                                499,038
<INCOME-TAX>                                   189,600
<INCOME-CONTINUING>                            309,438
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   309,438
<EPS-PRIMARY>                                      .05
<EPS-DILUTED>                                        0
        


</TABLE>
<PAGE>   1
                                                                    EXHIBIT 11.1

  
ABACUS DIRECT CORPORATION
COMPUTATION OF EARNINGS PER SHARE
(Unaudited)


<TABLE>
<CAPTION>
                                        Three Months Ended September 30     Nine Months Ended September 30
                                            1996               1995              1996             1995

<S>                                    <C>               <C>               <C>               <C>            
Net Income                             $     1,974,681   $     1,121,430   $     2,610,004   $     1,345,132

Average shares of common stock
outstanding during the period                9,061,349         9,046,534         9,051,472         9,078,271
Incremental shares from assumed
exercise of stock options and grants
(primary)                                      461,568           165,666           478,464           121,947
                                       ---------------   ---------------   ---------------   ---------------
                                             9,522,917         9,212,200         9,529,937         9,200,218

Earnings Per Common Share             $          0.21   $          0.12   $          0.27   $          0.15
                                       ===============   ===============   ===============   ===============
</TABLE>
### §6616. Additional functions of Director

#### (a) Service as Chairman of Federal Coordinating Council for Science, Engineering, and Technology and as member of Domestic Council

The Director shall, in addition to the other duties and functions set forth in this subchapter—

(1) serve as Chairman of the Federal Coordinating Council for Science, Engineering, and Technology established under subchapter IV; and

(2) serve as a member of the Domestic Council.

#### (b) Advice to National Security Council

For the purpose of assuring the optimum contribution of science and technology to the national security, the Director, at the request of the National Security Council, shall advise the National Security Council in such matters concerning science and technology as relate to national security.

#### (c) Officers and employees; services; contracts; payments

In carrying out his functions under this chapter, the Director is authorized to—

(1) appoint such officers and employees as he may deem necessary to perform the functions now or hereafter vested in him and to prescribe their duties;

(2) obtain services as authorized by section 3109 of title 5 at rates not to exceed the rate prescribed for grade GS–18 of the General Schedule by section 5332 of title 5; and

(3) enter into contracts and other arrangements for studies, analyses, and other services with public agencies and with private persons, organizations, or institutions, and make such payments as he deems necessary to carry out the provisions of this chapter without legal consideration, without performance bonds, and without regard to section 6101 of title 41.

(Pub. L. 94–282, title II, §207, May 11, 1976, 90 Stat. 466.)

#### **Editorial Notes**

#### Codification

In subsec. (c)(3), "section 6101 of title 41" substituted for "section 3709 of the Revised Statutes (41 U.S.C. 5)" on authority of Pub. L. 111–350, §6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.

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

#### References in Other Laws to GS–16, 17, or 18 Pay Rates

References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, §101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5.

#### **Executive Documents**

#### Abolition of the Federal Coordinating Council for Science, Engineering, and Technology; Transfer of Functions

See note set out under section 6651 of this title.
§ 2004.21 Factors OIG will consider. The Counsel or Inspector General, in their discretion, may grant an employee permission to testify on matters relating to official information, or produce official records and information, in response to a demand or request. Among the relevant factors that the Inspector General or the Counsel may consider in making this decision are whether: ( a ) The purposes of this part are met;
( b ) OIG has an interest in the decision that may be rendered in the legal proceeding;
( c ) Allowing such testimony or production of records would assist or hinder OIG in performing its statutory duties or use OIG resources where responding to the request will interfere with the ability of OIG employees to do their work;
( d ) The records or testimony can be obtained from other sources;
( e ) The demand or request is unduly burdensome or otherwise inappropriate under the applicable rules of discovery or the rules of procedure governing the case or matter in which the demand or request arose;
( f ) Disclosure would violate or be inconsistent with a statute, Executive Order, or regulation;
( g ) Disclosure would reveal confidential or privileged information, trade secrets, or similar, confidential commercial, or financial information;
( h ) Disclosure would impede or interfere with an ongoing law enforcement investigation or proceedings, or compromise constitutional rights;
( i ) Disclosure would result in OIG appearing to favor one litigant over another;
( j ) Disclosure relates to documents that were produced by another agency;
( k ) The demand or request is in conformance with all other applicable rules;
( l ) The demand or request is sufficiently specific to be answered; and
( m ) For any other good cause.
#### § 92.85 Service of legal process usually prohibited.

The service of process and legal papers is not normally a Foreign Service function. Except when directed by the Department of State, officers of the Foreign Service are prohibited from serving process or legal papers or appointing other persons to do.

[32 FR 11776, Aug. 16, 1967]
Dismissed and Memorandum Opinion filed May 9, 2013.

In The

Fourteenth Court of Appeals

NO. 14-12-01078-CV

LEONCIO ESPAILLAT AKA LEONARDO ESTRELLA 

AKA FRANKLIN BRUGAL, Appellant

V.

MICHAEL WEST, INDIVIDUALLY AND AS EXECUTOR OF THE 

ESTATE OF FLOYD WILSON, Appellee

On Appeal from the 61st District Court

Harris County, Texas

Trial Court Cause No. 2007-48389

M E M O R A N D U M O P I N I O N

According to information provided to this court, this is an appeal from 

orders granting summary judgment signed April 23, 2012, and October 11, 2012, 

and made final by a judgment signed October 26, 2012. The record in this appeal 

was due on or before December 27, 2012. Appellant requested and was granted a 

60-day extension of time to file the record until February 25, 2013. The record was 
2

not filed. On March 5, 2013, the court issued a notice that the record was past due. 

The Harris County District Clerk advised this court that appellant had not paid for 

preparation of the record. On March 12, 2013, the court notified appellant that the 

appeal was subject to dismissal unless appellant provided proof of payment for the 

clerk’s record by March 27, 2013. See Tex. R. App. P. 37.3(b). 

In addition, our records reflect that appellant has not paid the $175.00 

appellate filing fee in this case. On December 13, 2013, this court notified 

appellant that the filing fee was past due. No response was filed.

On March 27, 2013, appellant requested a final extension of time to pay for 

preparation of the record. On March 28, 2012, this court ordered appellant to pay, 

or make arrangements to pay, for the record, provide this court with proof of 

payment, and pay the appellate filing fee on or before April 15, 2013. In the order, 

the court notified appellant that appeal was subject to dismissal unless appellant 

complied with the order. See Tex. R. App. P. 37.3(b). The clerk’s record has not 

been filed. Appellant has not provided this court with proof of payment for the 

record, paid the filing fee, or filed any other response to this court’s March 28, 

2013, order.

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Panel consists of Justices Boyce, Jamison, and Busby.
United States District Court

For the Northern District of California

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

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF CALIFORNIA

ALFREDO LEON OREA,

Plaintiff,

 v.

FS SAN FRANCISCO EMPLOYMENT,

INC.’S LONG TERM DISABILITY PLAN,

Defendant. /

LIFE INSURANCE COMPANY OF

NORTH AMERICA,

Real Party in Interest. /

No. C 09-02538 WHA

ORDER RE

STIPULATION

FOR DISMISSAL

The parties have filed a notice of settlement and stipulated dismissal of this action. 

However, the signature for defendant and real party in interest is omitted. Pursuant to Rule

41(a)(ii), a stipulated dismissal must be signed by all parties who have appeared.

IT IS SO ORDERED.

Dated: April 27, 2010. WILLIAM ALSUP

UNITED STATES DISTRICT JUDGE

Case 3:09-cv-02538-WHA Document 45 Filed 04/27/10 Page 1 of 1
#### Charlotte S. Lubow, Respondent, v New York City Transit Authority, Appellant.

Judgment, Supreme Court, New York County, entered May 31, 1977, unanimously reversed, on the law and on the facts, and a new trial directed on the issue of damages only, with $60 costs and disbursements of this appeal to appellant, unless plaintiff, within 20 days after service upon her by defendant of a copy of the order entered herein, with notice of entry, serves and files in the office of the clerk of the trial court a written stipulation consenting to reduce the verdict in her favor to $100,000 and to the entry of an amended judgment in accordance therewith. If plaintiff so stipulates, the judgment, as so amended and reduced, is unanimously affirmed, without costs and without disbursements. The damages proven by plaintiff warranted a verdict no greater than the $100,000 to which plaintiffs recovery should be limited. In other respects, the court has reviewed the contentions of error urged by the defendant-appellant; those of any technical merit are found nonprejudicial. Concur—Kupferman, J. P., Lupiano, Yesawich, Sandler and Sullivan, JJ.
I 

109TH CONGRESS 

1ST SESSION H. R. 3246 

To extend the temporary suspension of duty on tebufenozide. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 12, 2005 

Mr. BUYER introduced the following bill; which was referred to the Committee 

on Ways and Means 

A BILL 

To extend the temporary suspension of duty on tebufenozide. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. TEBUFENOZIDE. 

4 (a) IN GENERAL.—Heading 9902.05.17 of the Har5 monized Tariff Schedule of the United States (relating to 

6 tebufenozide) is amended by striking ‘‘12/31/2006’’ and 

7 inserting ‘‘12/31/2008’’. 

8 (b) EFFECTIVE DATE.—The amendment made by 

9 subsection (a) applies to goods entered, or withdrawn from 

10 warehouse for consumption, on or after the 15th day after 

11 the date of the enactment of this Act. 

Æ