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NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

CHARLES NGETHE, AKA Charles

Muchaf, AKA Charles Ngethe Muchai,

AKA Charles M. Ngethe,

Petitioner,

 v.

JEFFERSON B. SESSIONS III, Attorney

General,

Respondent.

No. 16-70454

Agency No. A205-464-980

MEMORANDUM*

On Petition for Review of an Order of the

Board of Immigration Appeals

Submitted October 18, 2017** 

San Francisco, California

Before: IKUTA and HURWITZ, Circuit Judges, and MOLLOY,*** District Judge.

 

FILED

OCT 20 2017

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

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

except as provided by Ninth Circuit Rule 36-3.

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

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

*** The Honorable Donald W. Molloy, United States District Judge for

the District of Montana, sitting by designation.
Charles Ngethe petitions for review of the Board of Immigration Appeals’s

(BIA) order dismissing his appeal of the denial of relief under the Convention

Against Torture (CAT) by an Immigration Judge (IJ). We have jurisdiction under

8 U.S.C. § 1252. 

The BIA’s determination that Ngethe failed to establish that he is “more

likely than not to be tortured,” 8 C.F.R. § 1208.17(a), if he returns to Kenya is

supported by substantial evidence. While the evidence indicates that “[v]iolence

against LGBT persons [i]s a problem” (and in some cases, the police were involved

in the violence), police have intervened to stop attacks in other cases and there is

evidence that the situation of LGBT persons in Kenya is improving. Because the

evidence in the record is inconclusive, it does not compel the conclusion that

Ngethe faces an individualized risk of being tortured in Kenya if returned. See

Wakkary v. Holder, 558 F.3d 1049, 1068 (9th Cir. 2009). 

We reject Ngethe’s argument that the IJ erred by failing to review the 2014

State Department Report. There is no indication that the 2014 Report contained

“highly probative or potentially dispositive evidence” not included elsewhere in

the record, particularly in the 2013 State Department Report, to which the IJ made

specific reference. Cole v. Holder, 659 F.3d 762, 772 (9th Cir. 2011). Nor did the

IJ err by failing to mention other evidence submitted by Ngethe; the IJ is not

2
required to “parse or refute on the record each individual argument or piece of

evidence offered by the petitioner.” Najmabadi v. Holder, 597 F.3d 983, 990 (9th

Cir. 2010) (citation omitted).

PETITION DENIED

3
#### 52.211-11 Liquidated Damages—Supplies, Services, or Research and Development.

As prescribed in 11.503(a), insert the following clause in solicitations and contracts:

# Liquidated Damages—Supplies, Services, or Research and Development (SEP 2000)

(a) If the Contractor fails to deliver the supplies or perform the services within the time specified in this contract, the Contractor shall, in place of actual damages, pay to the Government liquidated damages of $__ per calendar day of delay [*Contracting Officer insert amount*].

(b) If the Government terminates this contract in whole or in part under the Default—Fixed-Price Supply and Service clause, the Contractor is liable for liquidated damages accruing until the Government reasonably obtains delivery or performance of similar supplies or services. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(c) The Contractor will not be charged with liquidated damages when the delay in delivery or performance is beyond the control and without the fault or negligence of the Contractor as defined in the Default—Fixed-Price Supply and Service clause in this contract.

(End of clause)

[65 FR 46067, July 26, 2000]
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Homeland Security

###### Federal Emergency Management Agency

          - [Internal Agency Docket No. FEMA-4511-DR; Docket ID FEMA-2021-0001]

# AGENCY:

Federal Emergency Management Agency, DHS.

# ACTION:

Notice.

# SUMMARY:

                        This notice amends the notice of a major disaster declaration for the Commonwealth of the Northern Mariana                               ( print page 10125)                            Islands (FEMA-4511-DR), dated April 1, 2020, and related determinations.                    

# DATES:

This change occurred on January 20, 2021.

# FOR FURTHER INFORMATION CONTACT:

Dean Webster, Office of Response and Recovery, Federal Emergency Management Agency, 500 C Street SW, Washington, DC 20472, (202) 646-2833.

# SUPPLEMENTARY INFORMATION:

The Federal Emergency Management Agency (FEMA) hereby gives notice that pursuant to the authority vested in the Administrator, under Executive Order 12148, as amended, Tammy L. Littrell, of FEMA is appointed to act as the Federal Coordinating Officer for this disaster.

This action terminates the appointment of Robert J. Fenton as Federal Coordinating Officer for this disaster.

The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households In Presidentially Declared Disaster Areas; 97.049, Presidentially Declared Disaster Assistance—Disaster Housing Operations for Individuals and Households; 97.050, Presidentially Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.

Robert J. Fenton,

Senior Official Performing the Duties of the Administrator, Federal Emergency Management Agency.

[FR Doc. 2021-03314 Filed 2-17-21; 8:45 am]

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#### 52.241-11 Multiple Service Locations.

As prescribed in 41.501(d)(5), insert a clause substantially the same as the following:

# Multiple Service Locations (FEB 1995)

(a) At any time by written order, the Contracting Officer may designate any location within the service area of the Contractor at which utility service shall commence or be discontinued. Any changes to the service specifications shall be made a part of the contract by the issuance of a contract modification to include the name and location of the service, specifying any different rate, the point of delivery, different service specifications, and any other terms and conditions.

(b) The applicable monthly charge specified in this contract shall be equitably prorated from the period in which commencement or discontinuance of service at any service location designated under the Service Specifications shall become effective.

(End of clause)

[59 FR 67025, Dec. 28, 1994]
53.243 Contract modifications (SF 30). *SF 30 (11/2016), Amendment of Solicitation/Modification of Contract.* SF 30 is prescribed for use in amending invitation for bids, as specified in 14.208; modifying purchase and delivery orders, as specified in 13.302-3; and modifying contracts, as specified in 42.1203(h), 43.301, 49.602-5, and elsewhere in this chapter. The form may also be used to amend solicitations for negotiated contracts, as specified in 15.210(b). Pending the publication of a new edition of the form, Instruction (b), Item 3 (effective date), is revised in paragraphs (3) and (5) as follows: ( b ) Item 3 (effective date).
(3) For a modification issued as a confirming notice of termination for the convenience of the Government, the effective date of the confirming notice shall be the same as the effective date of the initial notice. (5) For a modification confirming the termination contracting officer's previous letter determination of the amount due in settlement of a contract termination for convenience, the effective date shall be the same as the effective date of the previous letter determination. [48 FR 42637, Sept. 19, 1983, as amended at 62 FR 51266, Sept. 30, 1997; 62 FR 64929, 64936, Dec. 9, 1997; 81 FR 83100, Nov. 18, 2016]
EXHIBIT 32.1

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 Annual Report of Teknowledge Corporation (the Company) on Form 10-KSB/A for the
 year ended December 31, 2003, as filed with the Securities and Exchange Commission on the date hereof
 (the Report), I, Neil Jacobstein, Chief Executive Officer and Chairman of the Board of the Company,
 certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley
 Act of 2002 (Section 906), that:

(1)       
 The Report fully complies with the requirements of section 13(a) of the Securities Exchange Act of 1934
 (15 U.S.C. 78m); and

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

May 21, 2004

| |  |                                   
| |  | ----------------------------------
| |  |                                   
| |  | /s/ Neil A. Jacobstein            
| |  | Neil A. Jacobstein                
| |  | Chairman of the Board of Directors
| |  | and Chief Executive Officer       

[A signed original of this written statement required
 by Section 906 has been provided to the Company and will be retained by the Company and furnished to
 the Securities and Exchange Commission or its staff upon request.]
#### 52.252-6 Authorized Deviations in Clauses.

As prescribed in 52.107(f), insert the following clause in solicitations and contracts that include any FAR or supplemental clause with an authorized deviation. Whenever any FAR or supplemental clause is used with an authorized deviation, the contracting officer shall identify it by the same number, title, and date assigned to the clause when it is used without deviation, include regulation name for any supplemental clause, except that the contracting officer shall insert (DEVIATION) after the date of the clause.

# Authorized Deviations in Clauses (NOV 2020)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of (DEVIATION) after the date of the clause.

(b) The use in this solicitation or contract of any ____ [*insert regulation name*] (48 CFR __) clause with an authorized deviation is indicated by the addition of (DEVIATION) after the name of the regulation.

(End of clause)

[48 FR 42478, Sept. 19, 1983, as amended at 85 FR 67629, Oct. 23, 2020]
#### 552.238-98 Clauses for Overseas Coverage.

As prescribed in 538.273(d)(22), insert the following clause:

# Clauses for Overseas Coverage (MAY 2019)

The following clauses apply to overseas coverage.

(a) 52.214-34 Submission of Offers in the English Language

(b) 52.214-35 Submission of Offers in U.S. Currency

(c) 552.238-90 Characteristics of Electric Current

(d) 552.238-91 Marking and Documentation Requirements Per Shipment

(e) 552.238-97 Parts and Service

(f) 552.238-99 Delivery Prices Overseas

(g) 552.238-100 Transshipments

(h) 552.238-101 Foreign Taxes and Duties

(i) 52.247-34 FOB Destination

(j) 52.247-38 FOB Inland Carrier, Point of Exportation

(k) 52.247-39 FOB Inland Point, Country of Importation

(End of clause)

[84 FR 17046, Apr. 23, 2019]
<PAGE>
 
                                                                    EXHIBIT 12.3

         UNION OIL COMPANY OF CALIFORNIA  AND CONSOLIDATED SUBSIDIARIES

               COMPUTATION OF RATIO OF EARNINGS TO FIXED CHARGES

                             (DOLLARS IN MILLIONS)

<TABLE>
<CAPTION>
 
 
                                                  YEAR ENDED DECEMBER 31
                                        ----------------------------------------
 
                                           1995    1994    1993    1992    1991
                                           -----   -----   -----   -----   -----
 
<S>                                        <C>     <C>     <C>     <C>     <C>
Earnings before cumulative effect of
  accounting changes                       $ 262   $ 125   $ 344   $ 197   $  75
 
Provision for income taxes                   203     170     268     153     139
 
Minority interest                              -       -       -       5       6
                                           -----   -----   -----   -----   -----
  Earnings subtotal (a)                      465     295     612     355     220
 
Fixed charges included in earnings:
   Interest expense                          291     275     304     379     395
   Interest portion of rentals (b)            41      50      55      61      67
                                           -----   -----   -----   -----   -----
     Subtotal                                332     325     359     440     462
 
Earnings available before fixed charges    $ 797   $ 620   $ 971   $ 795   $ 682
                                           =====   =====   =====   =====   =====
 
 
Fixed charges:
 Fixed charges included
  in earnings                              $ 332   $ 325   $ 359   $ 440   $ 462
 Capitalized interest                         35      30      30      34      40
                                           -----   -----   -----   -----   -----
  Total fixed charges                      $ 367   $ 355   $ 389   $ 474   $ 502
                                           =====   =====   =====   =====   =====
 
Ratio of earnings to fixed charges (a)       2.2     1.7     2.5     1.7     1.4
 
---------------------------- 
 
(a) Includes pretax asset write-downs      
    of:                                    $ 105   $  71   $  19   $  50   $ 106
 
  The ratio of earnings, excluding asset
  write-downs, to fixed charges would        
   be:                                       2.5     1.9     2.5     1.8     1.6
 
</TABLE>
(b) Calculated as one-third of operating rental expense.
5.601 Governmentwide database of contracts. ( a ) A Governmentwide database of contracts and other procurement instruments intended for use by multiple agencies is available via the Internet at *https://www.contractdirectory.gov/contractdirectory/ .*This searchable database is a tool that may be used to identify existing contracts and other procurement instruments that may be used to fulfill Government needs.
( b ) The contracting activity shall— ( 1 ) Enter the information specified at *https://www.contractdirectory.gov/contractdirectory/*, in accordance with the instructions on that website, within ten days of award of a Governmentwide acquisition contract (GWAC), multi-agency contract, Federal Supply Schedule contract, or any other procurement instrument intended for use by multiple agencies, including blanket purchase agreements (BPAs) under Federal Supply Schedule contracts.
( 2 ) Enter the information specified at *https://www.contractdirectory.gov/contractdirectory/* in accordance with the instructions on that website by October 31, 2003, for all contracts and other procurement instruments intended for use by multiple agencies that were awarded before July 24, 2003.
[48 FR 42119, Sept. 19, 1983, as amended at 75 FR 77745, Dec. 13, 2010; 78 FR 13768, Feb. 28, 2013; 84 FR 19841, May 6, 2019]
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This webpage offers evidence-based information on the effects of bullying for youth who have been bullied, youth who are bullying others, and bystanders. These effects include physical, social, emotional, academic, and mental health issues that often accompany involvement with or proximity to bullying. The relationship between bullying and suicide is also discussed.**Learn more.**