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NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

ISMAEL ARIAS-OSUNA, AKA Ismael

Arias, AKA Ismael Arias Osuna,

 Petitioner,

 v.

ERIC H. HOLDER, Jr., Attorney General,

 Respondent.

No. 13-71096

Agency No. A205-319-035

MEMORANDUM*

On Petition for Review of an Order of the

Board of Immigration Appeals

Submitted March 10, 2015** 

Before: FARRIS, WARDLAW, and PAEZ, Circuit Judges.

Ismael Arias-Osuna, a native and citizen of Mexico, petitions for review of

the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an

immigration judge’s (“IJ”) decision denying his application for asylum,

withholding of removal, and protection under the Convention Against Torture

FILED

MAR 18 2015

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

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

except as provided by 9th Cir. R. 36-3.

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

without oral argument. See Fed. R. App. P. 34(a)(2).
(“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252. We review for

substantial evidence the agency’s factual findings and de novo claims of due

process violations. Zetino v. Holder, 622 F.3d 1007, 1011-12 (9th Cir. 2010). We

dismiss in part and deny in part the petition for review. 

Our review is limited to the administrative record, so we do not consider the

materials referenced in and attached to Arias-Osuna’s opening brief that were not

part of the record before the agency. See Fisher v. INS, 79 F.3d 955, 963–64 (9th

Cir. 1996) (en banc).

We lack jurisdiction to consider any challenge Arias-Osuna makes to the

agency’s dispositive finding that his asylum claim was time-barred, because he did

not raise it to the BIA. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir. 2004). 

Thus, we deny the petition as to his asylum claim.

Substantial evidence supports the BIA’s determination that Arias-Osuna did

not establish that any past incident or future harm was or would be on account of a

protected ground. See Parussimova v. Mukasey, 555 F.3d 734, 741 (9th Cir. 2009)

(protected ground must be ‘one central reason’ for persecution); see also Ayala v.

Holder, 640 F.3d 1095, 1097 (9th Cir. 2011) (even assuming cognizability of

social group, petitioner must show persecution on account of his membership in

that group). Thus, Arias-Osuna’s withholding of removal claim fails. 

2 13-71096
 Substantial evidence also supports the agency’s denial of CAT relief

because Arias-Osuna failed to establish that it is more likely than not he will be

tortured if he is returned to Mexico. See Zheng v. Holder, 644 F.3d 829, 835-36

(9th Cir. 2011). 

Finally, we reject Arias-Osuna’s due process claims because he has not

shown that the proceedings before the IJ were fundamentally unfair. See Zetino,

622 F.3d at 1014-15; see also Lata v. INS, 204 F.3d 1241, 1246 (9th Cir. 2000)

(requiring error and prejudice to prevail on a due process claim). 

PETITION FOR REVIEW DISMISSED in part; DENIED in part.

3 13-71096
###### Editorial Note on Part 1218

#### Editorial Note:

Nomenclature changes to part 1218 appear at 66 FR 37118, 37119, July 17, 2001, and 71 FR 77245, Dec. 26, 2006.

#### § 1218.106 Referendum report.

Except as otherwise directed, the referendum agent shall prepare and submit to the Administrator a report on the results of the referendum, the manner in which it was conducted, the extent and kind of public notice given, and other information pertinent to the analysis of the referendum and its results.
#### § 1230.77 [Reserved]
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            -  Announcements 
            -           Resource: Change in Parent-Child Relationships Before, During, and After Incarceration      

# Resource: Change in Parent-Child Relationships Before, During, and After Incarceration

This brief uses data from the Multi-site Family Study on Incarceration, Parenting and Partnering to examine several aspects of fathers’ relationships with their children after their release from incarceration, including residential arrangements, financial support, and the quality of the relationships the fathers reported having with their children. **Learn more.**
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## Breadcrumb

            -           Report: School-Level Practices to Increase Availability of Fruits, Vegetables, and Whole Grains, and Reduce Sodium in School Meals — United States, 2000, 2006, and 2014      

# Report: School-Level Practices to Increase Availability of Fruits, Vegetables, and Whole Grains, and Reduce Sodium in School Meals — United States, 2000, 2006, and 2014

CDC researchers analyzed school-level implementation of the Department of Agriculture’s school nutrition standards, specifically on practices related to fruits, vegetables, whole grains, and sodium. Results show almost all schools offer whole grain foods, vegetables, and fruits during the school day, and the percentage of schools making efforts to increase the availability of these foods and decrease sodium increased from 2000 to 2014. **Learn more.**
§ 1209.36 Procedure. ( a ) At a properly convened meeting of the Council, a majority of the members shall constitute a quorum.
( b ) Each member of the Council will be entitled to one vote on any matter put to the Council, and the motion will carry if supported by a simple majority of those voting. At assembled meetings of the Council, all votes will be cast in person.
( c ) In lieu of voting at a properly convened meeting and, when in the opinion of the chairperson of the Council such action is considered necessary, the Council may take action upon the concurring votes of a majority of its members by mail, telephone, telegraph, or any other means of communication, but any such action shall be confirmed promptly in writing. In that event, all members must be notified and provided the opportunity to vote. Any action so taken shall have the same force and effect as though such action had been taken at a properly convened meeting of the Council. All votes shall be recorded in Council minutes.
( d ) Meetings of the Council may be conducted by electronic communications, provided that each member is given prior notice of the meeting and has an opportunity to be present either physically or by electronic connection.
( e ) The organization of the Council and the procedures for conducting meetings of the Council shall be in accordance with its bylaws,which shall be established by the Council and approved by the Secretary.
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## Breadcrumb

            -           AmeriCorps Resource Center      

# AmeriCorps Resource Center

The Knowledge Networks page, on the AmeriCorps website, provides training and technical assistance resources organized by focus area. It connects service programs with targeted training and information.

http://www.nationalservice.gov/resources
#### DARRYL HOLLIS *v.*COMMISSIONER OF CORRECTION

(AC 23200)

Foti, West and McLachlan, Js.

Submitted on briefs November 21

officially released December 23, 2003

*Francis L. O’Reilly,*special public defender, filed a brief for the appellant (petitioner).

*Michael Dearington,*state’s attorney, *Christopher T. Godialis,*assistant state’s attorney, and *Paul J. Fer-encek,*senior assistant state’s attorney, filed a brief for the appellee (respondent).

*Opinion*

PER CURIAM.

The petitioner, Darryl Hollis, appeals from the judgment of the habeas court dismissing his amended petition for a writ of habeas corpus. On appeal, he claims that the court abused its discretion in denying his petition for certification to appeal from the dismissal of his petition for a writ of habeas corpus. The petitioner’s statement of issues and his brief are limited to that single claim.1 The record is clear, however, that the court granted his petition for certification to appeal. Although the petitioner’s sole claim is unfounded in the record, we will review the entire *620record and the briefs to determine whether the judgment of the court should be reversed on its merits. See *Mason*v. *Commissioner of Correction,*80 Conn. App. 142, 145, 832 A.2d 1216 (2003).

“For the petitioner to prevail on his [underlying] claim of ineffective assistance of counsel, he must establish both that his counsel’s performance was deficient and that there is a reasonable probability that, but for the counsel’s mistakes, the result of the proceeding would have been different.” *White*v. *Commissioner of Correction,*58 Conn. App. 169, 170, 752 A.2d 1159 (2000), citing *Strickland*v. *Washington,*466 U.S. 668, 694, 104 S. Ct. 2052, 80 L. Ed. 2d 674 (1984). After reviewing the record and briefs, we conclude that the petitioner has failed to sustain his burden.

The judgment is affirmed.

1

 Although the petitioner briefed only that issue, his brief does address, to some extent, the merits of his underlying claim of ineffective assistance of counsel.
#### § 1404.7 Misrepresentations.

If FSA or CCC has reason to believe that any material misrepresentation was made by the assignor or the assignee in executing Forms CCC-36, CCC-251 or CCC-252, FSA or CCC shall give notice thereof to the assignor and the assignee. If, after investigation and opportunity for the assignor and assignee to be heard, FSA or CCC finds that any material misrepresentation was in fact made, FSA or CCC shall notify the assignor and the assignee of such finding, and void such assignment, and insofar as concerns FSA, CCC or any other agency of the United States, the assignment shall be of no effect.
Exhibit 32.1




CERTIFICATION
OF PRINCIPAL EXECUTIVE AND FINANCIAL OFFICERS


UNDER
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 (18 U.S.C. 1350)




In
connection with the Quarterly Report on Form 10-Q for the quarter ended
September 30, 2009 (the “Report”) of Fortress International Group, Inc. (the
“Registrant”), as filed with the Securities and Exchange Commission on the date
hereof, each of undersigned officers of the Registrant does hereby certify, to
such officer’s knowledge that:




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




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




Date: November 16,
      2009
                  By:
                  /s/
      Thomas P. RosatoThomas
      P. RosatoChief
      Executive Officer(Principal
      Executive Officer)




Date:
      November 16, 2009
                  By:
                  /s/
      Timothy C. DecTimothy
      C. DecChief
      Financial Officer(Principal
      Financial Officer)
Editorial Note on Subchapter B of Chapter XIV
Editorial Note: For Federal Register citations to regulations affecting previous program years not included in this volume, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at *www.govinfo.gov .*

§ 1430.112 Multi-year contract. ( a ) Participating dairy operations enrolled in MPP-Dairy are enrolled until December 31, 2018. As such, a participating dairy operation is obligated to pay initial and annual administrative fees and applicable premiums each succeeding calendar year following the date the contract is first entered into through December 31, 2018.
( b ) Failure to pay administrative fees and premiums will result in the loss or reduction of coverage, as applicable, and the participating dairy operation remains obligated to pay such administrative fees and premiums as specified in § 1430.109.
( c ) If a participating dairy operation goes out of business as described in § 1430.107(k) before December 31, 2018, the contract will be terminated immediately, except with respect to payments accrued to the benefit of the participating dairy operation under this subpart before such termination.
[79 FR 51462, Aug. 29, 2014, as amended at 81 FR 21706, Apr. 13, 2016]
You are here: EPA Home ECOTOX



# Welcome to ECOTOX The ECOTOXicology knowledgebase (ECOTOX) is a compr ehensive, publicly available knowledgebase providing single chemical e nvironmental toxicity data

on aquatic life, terrestrial plants and wildlife.

December 15, 2015 Search Tip: Water Chemistry data fields On Sept. 29, 2015, EPA announced national limits toreduce toxic pollutants discharged into waterways by steam electric power plants. The rule sets the first federal limits on the levels of toxic metals in wastewater that can be di scharged from power plants. Metal concentrations can be standardized using the Biotic Ligand Model (BLM) parameters. These water chemistry parameters can be selected asa report option in ECOTOX. To select water chemistry data fields, go to the Ad vanced Query. Select the Report Format Tab. Select the Edit/View Aquatic Sort/Display. Choose the Water Chemistry Data fields of interest, e.g. Calcium, Potassium, Magnesium, etc. Select Finished Editing. Run your query. With the December 2015 ECOTOX update, data has been added for the following Recent Chemicals of Interest to EPA: Benfluralin Bifenthrin Chloransulam Cymoxanil Piperonyl Butoxide Selenium Chemicals associated with the Great Lakes Restorati on Initiative: 1-Methylnaphthalene 4-Nonylphenol Acetophenone Benzophenone Bis(2- ethyhexyl)phthalate Bisphenol A 

## ECOTOX Database http://cfpub.epa.gov/ecotox/ecotox_home.cfm Last updated on 1/11/2016 ECOTOX | MED | US EPA http://cfpub.epa.gov/ecotox/ecotox_home.cfm

1 of 2 1/11/2016 4:55 PMCarbamazepine DEET Diethylphthalate Diphenhydramine Estrone Fluconazole Glyphosate Isophorone Pentachlorophenol Phenytoin Tributyl phosphate Triphenyl phosphate Tris-2-butoxyethyl phosphate Tris-2-chloroethyl phosphate Tris-dichloroisopropylphosphate
You will need to turn off pop-up blockers for this site. You should consult the original scientific paper to ensure an understanding of the context of the data retrieved from the ECOTOX datab ase. ECOTOX | MED | US EPA http://cfpub.epa.gov/ecotox/ecotox_home.cfm

2 of 2 1/11/2016 4:55 PM
#### § 1030.6 Supply plant.

See § 1000.6.
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## Breadcrumb

            -           Report: Opportunities to Improve the Financial Capability and Financial Well-being of Postsecondary Students      

# Report: Opportunities to Improve the Financial Capability and Financial Well-being of Postsecondary Students

This report describes the state of financial education (PDF, 48 pages) among students and illustrates current efforts to enhance financial education with respect to student understanding of topics related to financing postsecondary education and making sound financial decisions while enrolled in school and beyond. The report also identifies programs that promote or enhance financial literacy for students, including those that involve partnerships between nonprofit organizations. 

http://www.treasury.gov/resource-center/financial-education/Documents/Opportunities%20to%20Improve%20the%20Financial%20Capability%20and%20Financial%20Well-being%20of%20Postsecondary%20Students.pdf?utm_source=Youth.gov&utm_medium=Announcements&utm_campaig...
#### The People of the State of New York, Respondent, v. Eladio Ocasio Colon, Appellant.

Judgment of the Supreme Court, Suffolk County, rendered July 6, 1964, reversed, on the law, and new trial ordered. No questions of fact have been considered. Defendant Colon was convicted of manslaughter in the first degree after a jury trial. He had been arrested pursuant to a warrant issued upon a previously filed information. After his arrest and before arraignment he signed one or more statements in which he confessed his participation in the incident involved, and identified certain objects, *i.e.,*a baseball bat and a piece of concrete, as having been used by him to injure the decedent. At that time, he was without counsel and had not been advised of his rights. Thereafter, upon the trial, those statements were received in evidence over objections. These statements served as the basis for the introduction in evidence of the bat and the piece of concrete. We conclude that it was error requiring a reversal of his conviction to receive in evidence appellant’s confessions. We see no distinction between a post-indictment and a post-information statement *(People*v. *Bodie,*16 N Y 2d 275, 278-279; *People*v. *Santmyer,*20 A D 2d 960 [4th Dept.]; *People*v. *Fleischmann,*43 Misc 2d 200). In each instance, a defendant is not merely a suspect in an investigation, but an accused in a criminal prosecution held under court process to await trial, and entitled to counsel (see *People*v. *Meyer,*11 N Y 2d 162). Christ, Acting P. J., Brennan, Hopkins, Benjamin and Munder, JJ., concur.
Exhibit 13.1





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 annual report of CIBT Education Group Inc. (the “Company”) on Form 20-F for the year ended August 31, 2010, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Toby Chu, Chief Executive Officer 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, 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 results of operations of the Company.




February 28, 2011


By:
/s/ Toby Chu
 Name:
TobyChu
 Title:
Chief Executive Officer