alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
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).

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

FRANCISCO ANTONIO VARGASRAMIREZ,

 Petitioner,

 v.

ERIC H. HOLDER, Jr., Attorney General,

 Respondent.

No. 08-71197

Agency No. A094-456-502

MEMORANDUM*

On Petition for Review of an Order of the

Board of Immigration Appeals

Submitted September 13, 2010** 

Before: SILVERMAN, CALLAHAN, and N.R. SMITH, Circuit Judges.

Francisco Antonio Vargas-Ramirez, a native and citizen of El Salvador,

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

FILED

SEP 24 2010

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 08-71197

Convention Against Torture (“CAT”). Our jurisdiction is governed by 8 U.S.C.

§ 1252. We review for substantial evidence factual findings. See Santos-Lemus v.

Mukasey, 542 F.3d 738, 742 (9th Cir. 2008). We dismiss in part and deny in part

the petition for review.

Because Vargas-Ramirez failed to exhaust any challenge to the IJ’s

determination that he is ineligible for asylum due to an aggravated felony

conviction, see Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir. 2004), we dismiss

the petition as to Vargas-Ramirez’s asylum claim.

Substantial evidence supports the agency’s finding that Vargas-Ramirez

failed to demonstrate past persecution based upon visits to the family home by

unknown persons. See Lim v. INS, 224 F.3d 929, 936 (9th Cir. 2000). In the

opening brief, Vargas-Ramirez fails to argue that he can otherwise demonstrate a

clear probability of future persecution. See Martinez-Serrano v. INS, 94 F.3d

1256, 1259-60 (9th Cir. 1996) (issues not raised and argued in a party’s opening

brief are waived). Accordingly, Vargas-Ramirez’s withholding of removal claim

fails.

Vargas-Ramirez fails to raise any substantive arguments with respect to the

agency’s denial of CAT relief. See id.

PETITION FOR REVIEW DISMISSED in part; DENIED in part.
97-137.

#### Buckeye Community Hope Found. v. Cuyahoga Falls.

Summit App. No. 17933. Reported at 82 Ohio St.3d 539, 697 N.E.2d 181. On motion for reconsideration. Motion denied.

Douglas, Resnick and F.E. Sweeney, JJ., dissent.
#### Edward Menkin, appellee, v. Muriel Connelly and Herman F. Winkelman, defendants, on appeal of Herman F. Winkelman, appellant.

Gen. No. 37,069.

Opinion filed October 24, 1934.

David Lipman, for appellant. R. B. Salmon, for appellee. Edward Menkin, *pro se.*

Mr. Justice Hall

delivered the opinion of the court.
[Federal Register Volume 75, Number 226 (Wednesday, November 24, 2010)]
[Notices]
[Pages 71669-71670]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-29777]


=======================================================================
-----------------------------------------------------------------------

COMMISSION ON CIVIL RIGHTS


Sunshine Act Notice

AGENCY: United States Commission on Civil Rights

ACTION: Notice of meeting.

-----------------------------------------------------------------------

Date and Time: Friday, December 3, 2010; 9:30 a.m. EST.

Place:  624 Ninth Street, NW., Room 540, Washington, DC 20425.

Meeting Agenda

    This meeting is open to the public.

I. Approval of Agenda.
II. Program Planning.
    <bullet> Approval of School Choice, the Blaine Amendments and Anti-
Catholicism Briefing Report.
    <bullet> Approval of Eminent Domain Briefing Concept Paper & 
Scheduling of Briefing.
    <bullet> Update on FY 2011 Cy Pres Enforcement Report.
    <bullet> Update on Status of Briefing on Disparate Impact in School 
Discipline Policies.
    <bullet> Update on Sex Discrimination in Liberal Arts College 
Admissions--Some of the discussion of this

[[Page 71670]]

agenda item may be held in closed session.
III. State Advisory Committee Issues.
    <bullet> North Carolina SAC.
    <bullet> Vermont SAC.
    <bullet> Wisconsin SAC.
    <bullet> Update on Status of Remaining SACs to Recharter.
IV. Approval of Minutes of November 19 Meeting.
V. Announcements.
VI. Adjourn.

Contact Person for Further Information: Lenore Ostrowsky, Acting Chief, 
Public Affairs Unit (202) 376-8591. TDD: (202) 376-8116. Persons with a 
disability requiring special services, such as an interpreter for the 
hearing impaired, should contact Pamela Dunston at least seven days 
prior to the meeting at 202-376-8105. TDD: (202) 376-8116.

    Dated: November 22, 2010.
David Blackwood,
General Counsel.
[FR Doc. 2010-29777 Filed 11-22-10; 4:15 pm]
BILLING CODE 6335-01-P
#### The People of the State of New York, Respondent, v. Richard T. Manning, Appellant.

Aulisi, J.

Appeal from a judgment of the County Court of Schoharie County convicting defendant of attempted petit larceny. The sole issue raised by defendant is whether the evidence is sufficient to sustain his conviction. Defendant’s retention of the check after its return had been demanded several times, his presentation of that cheek at the bank two days following the barroom incident, and his insistence -that the check be cashed clearly constitute conduct which goes beyond the stage of mere preparation *(People*v. *Collins,*234 N. Y. 355) and fall within the purview of acts which carry the criminal project *“ ‘*forward within dangerous proximity to the criminal end to be attained ’ ” *(People*v. *Ditchik,*288 N. Y. 95, 96). As *576noted by the trial court, but for the bank’s honoring of the stop payment order, the check would have been cashed and defendant would then have been able to proceed with his avowed intention of disposing of a portion of the proceeds. Judgment affirmed. Gibson, P. J., Herlihy, Aulisi, Staley, Jr., and Cooke, JJ., concur in memorandum by Aulisi, J.
---

|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 Quarterly Report of Hemis Corporation
(the "Company") on Form 10-QSB for the period ended March 31, 2007 as filed with
the Securities and Exchange Commission (the "Report"), the undersigned, in the
capacities and on the dates indicated below, hereby certifies pursuant to 18
U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley
Act of 2002, that to my knowledge:

| | 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.

|Dated: May 15, 2007 | /s/ Norman Meier                  
|------------------- | ----------------------------------
|                    | Norman Meier                      
|                    | President, Chief Executive Officer

---
**Exhibit10.2**Description of Annual Bonus PlansOn May 9, 2007, the Board of Directors of Alon USA Energy, Inc. (“Alon”) approved two annual bonusplans pursuant to Alon’s 2005 Incentive Compensation Plan. Annual cash bonuses under these plansare generally distributed to eligible employees in the first quarter of each year based on theprevious year’s performance. The plan elements described below are applicable to both bonus plans,with the exception that Alon’s refining and marketing employees are eligible to participate in oneplan based primarily on the performance of Alon’s Big Spring refinery and the employees of Alon’sParamount Petroleum Corporation subsidiary are eligible to participate in the other plan basedprimarily on the performance of Alon’s California refineries.Under each bonus plan, bonus payments are based 37.5% on meeting or exceeding target reliabilitymeasures, 37.5% on meeting or exceeding target free cash flow measures and 25% on meeting orexceeding target safety and environmental objectives. The bonus pool available under each plan willbe calculated each year based on 20% of the aggregate direct salary expenses of the employeeseligible to participate in such plan. All of Alon’s current named executive officers are eligibleto participate in the bonus plan applicable to Alon’s refining and marketing employees. The bonuspotential for Alon’s named executive officers ranges from 65% to 100% of the respective executiveofficer’s base salary, as established in each executive officer’s employment agreement.
<TABLE>

                                                    QUIPP, INC. AND SUBSIDIARY
                                                                   EXHIBIT 11
                                                 SCHEDULE OF COMPUTATION OF NET INCOME PER SHARE
                                                  YEARS ENDED DECEMBER 31, 1995, 1994 AND 1993
<CAPTION>

                 Primary                                         1995                      1994                      1993  
                          
                 <S>                                          <C>                       <C>                          <C>

                 Income before cumulative effect of change    2,096,228                 1,376,206                    164,570
                 in accounting for income taxes

                 Cumulative effect of change in accounting            0                          0                    156,566   

                 for income taxes

                 Net income (loss)                          $2,096,228                 $1,376,206                    $321,136
                          
                                                            
                 Weighted average number of common                  
                   shares outstanding during the year        1,469,465                   1,469,465                  1,469,465 
                          

                 Add-common equivalent shares
                   (determined using the "treasury
                   stock" method) representing shares
                   issuable upon exercise of employee
                   stock options                               156,192                      87,507                     41,297
                          
                                                                    

                 Weighted average number of shares
                   used in calculation of net income
                   per share                                1,625,657                    1,556,972                  1,510,762 
                          
                                                            
                 Income before cumulative effect of change
                    in accounting for income taxes              1.30                          0.88                      0.11
                                           
                 Cumulative effect of change
                    in accounting for income taxes              0.00                          0.00                      0.10
                                           
                 Net income per common and
                    common equivalent share                   $1.30                          $0.88                     $0.21
</TABLE>
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 Health and Human Services Food and Drug Administration 21 CFR Part 510
[Docket No. FDA-2010-N-0002]
 AGENCY: Food and Drug Administration, HHS.
 ACTION: Final rule.
 SUMMARY: The Food and Drug Administration (FDA) is amending the animal drug regulations to reflect a change of sponsor's name from North American Nutrition Companies, Inc., to Provimi North America, Inc.
 DATES: This rule is effective November 10, 2010.
 FOR FURTHER INFORMATION CONTACT: Steven D. Vaughn, Center for Veterinary Medicine (HFV-100), Food and Drug Administration, 7520 Standish Pl., Rockville, MD 20855, 240-276-8300, E-mail: 
                        *steven.vaughn@fda.hhs.gov.*


SUPPLEMENTARY INFORMATION: North American Nutrition Companies, Inc., 6531 State Rte. 503, Lewisburg, OH 45338, has informed FDA that it has changed its name to Provimi North America, Inc. Accordingly, the Agency is amending the regulations in 21 CFR 510.600 to reflect this change. This rule does not meet the definition of “rule” in 5 U.S.C. 804(3)(A) because it is a rule of “particular applicability.” Therefore, it is not subject to the congressional review requirements in 5 U.S.C. 801-808. List of Subjects in 21 CFR Part 510 Administrative practice and procedure
Animal drugs
Labeling
Reporting and recordkeeping requirements
 Therefore, under the Federal Food, Drug, and Cosmetic Act and under authority delegated to the Commissioner of Food and Drugs and redelegated to the Center for Veterinary Medicine, 21 CFR part 510 is amended as follows: PART 510—NEW ANIMAL DRUGS
 1.The authority citation for 21 CFR part 510 continues to read as follows: Authority:
                        21 U.S.C. 321, 331, 351, 352, 353, 360b, 371, 379e. 2.In § 510.600, in the table in paragraph (c)(1), remove the entry for “North American Nutrition Companies, Inc.”; and alphabetically add a new entry for “Provimi North America, Inc.”; and in the table in paragraph (c)(2), revise the entry for “017790” to read as follows: § 510.600
  
 (c) * * * (1) * * * Firm name and address
Drug labeler code*    *    *    *    *Provimi North America, Inc., 6531 State Rte. 503, Lewisburg, OH 45338
017790*    *    *    *    *
 (2) * * * Drug labeler code
Firm name and address*    *    *    *    *017790
Provimi North America, Inc., 6531 State Rte. 503, Lewisburg, OH 45338.*    *    *    *    *
 Dated: October 28, 2010. Steven D. Vaughn, Director, Office of New Animal Drug Evaluation, Center for Veterinary Medicine.


[FR Doc. 2010-28307 Filed 11-9-10; 8:45 am] BILLING CODE 4160-01-P
§ 301.91-7 Assembly and inspection of regulated articles. ( a ) Any person (other than a person authorized to issue certificates or limited permits under § 301.91-5(c)), who desires to move interstate a regulated article accompanied by a certificate or limited permit shall, as far in advance as possible (should be no less than 48 hours before the desired movement), request an inspector[1] to take any necessary action under this subpart prior to movement of the regulated article.
( b ) Such articles shall be assembled at such point and in such manner as the inspector designates as necessary to comply with the requirements of this subpart.
[49 FR 18992, May 4, 1984, as amended at 59 FR 67609, Dec. 30, 1994; 87 FR 80018, Dec. 29, 2022] Footnotes -
301.91-7
[1] Inspectors are assigned to local offices of Plant Protection and Quarantine which are listed in telephone directories. Information concerning such local offices may also be obtained from the Animal and Plant Health Inspection Service, Plant Protection and Quarantine, Domestic and Emergency Operations, 4700 River Road Unit 134, Riverdale, Maryland 20737-1236.
Exhibit 10.14
[LOGO] China Finance Inc.

March 17, 2005


RE: Resignation of Chunlei (Charles) WANG



To the Board of Directors and Shareholders:


      I hereby resign the position as the CFO, Secretary and Director of China
Finance, Inc. (the "Company") effective immediately. Please be advised that my
resignation from the Company is not a result of any disagreements with the
Company on any matters relating to the Company's operations, policies, or
practices. Please also be advised that I have no claim against the Company for
compensation for loss of office, fees or disbursements or otherwise whatsoever.






                                     Very truly yours,

                            /s/ Chunlei Charles Wang
                            -------------------------------------------
                                    Chunlei (Charles) WANG
§ 3201.138 Phase change materials. ( a ) *Definition.* Phase change materials are products that are capable of absorbing and releasing large amounts of thermal energy by freezing and thawing at certain temperatures. Heat is absorbed or released when the material changes from solid to liquid and vice versa. Applications may include, but are not limited to, conditioning of buildings, medical applications, thermal energy storage, or cooling of food. Materials such as animal fats and plant oils that melt at desirable temperatures are typically used to make products in this category.
( b ) *Minimum biobased content.* The Federal preferred procurement product must have a minimum biobased content of at least 71 percent, which shall be based on the amount of qualifying biobased carbon in the product as a percent of the total organic carbon in the finished product.
( c ) *Preference compliance date.* No later than July 6, 2020, procuring agencies, in accordance with this part, will give a procurement preference for qualifying biobased phase change materials. By that date, Federal agencies responsible for drafting or reviewing specifications for products to be procured shall ensure that the relevant specifications require the use of biobased phase change materials.
[84 FR 32021, July 5, 2019]
```

[108th Congress Public Law 351]
[From the U.S. Government Printing Office]

[DOCID: f:publ351.108]

[[Page 118 STAT. 1394]]

Public Law 108-351
108th Congress

                                 An Act

 
   To amend the Lease Lot Conveyance Act of 2002 to provide that the 
amounts received by the United States under that Act shall be deposited 
   in the reclamation fund, and for other purposes. <<NOTE: Oct. 21, 
                          2004 -  [S. 1791]>> 

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

SECTION 1. LEASE LOT CONVEYANCE.

    Section 4(b) of the Lease Lot Conveyance Act of 2002 (116 Stat. 
2879) is amended--
            (1) by striking ``As consideration'' and inserting the 
        following:

    ``(1) In general.--As consideration''; and
            (2) by adding at the end the following:
            ``(2) Use.--Amounts received under paragraph (1) shall be--
                    ``(A) deposited by the Secretary, on behalf of the 
                Rio Grande Project, in the reclamation fund established 
                under the first section of the Act of June 17, 1902 (43 
                U.S.C. 391); and
                    ``(B) made immediately available to the Irrigation 
                Districts, to be credited in accordance with section 
                4(I) of the Act of December 5, 1924 (43 U.S.C. 501).''.

    Approved October 21, 2004.

LEGISLATIVE HISTORY--S. 1791:
---------------------------------------------------------------------------

SENATE REPORTS: No. 108-272 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD, Vol. 150 (2004):
            Sept. 15, considered and passed Senate.
            Oct. 6, considered and passed House.

                                  <all>
```
§ 3430.60 Suspension, termination, and withholding of support. ( a ) *General.* If an awardee has failed to materially comply with the terms and conditions of the award, NIFA may take certain enforcement actions, including, but not limited to, suspending the award pending corrective action, terminating the award for cause, and withholding of support.
( b ) *Suspension.* NIFA generally will suspend (rather than immediately terminate) an award to allow the awardee an opportunity to take appropriate corrective action before NIFA makes a termination decision. NIFA may decide to terminate the award if the awardee does not take appropriate corrective action during the period of suspension. NIFA may terminate, without first suspending, the award if the deficiency is so serious as to warrant immediate termination. Termination for cause may be appealed under the NIFA award appeals procedures specified in § 3430.62.
( c ) *Termination.* An award also may be terminated, partially or wholly, by the awardee or by NIFA with the consent of the awardee. If the awardee decides to terminate a portion of the award, NIFA may determine that the remaining portion of the award will not accomplish the purposes for which the award was originally made. In any such case, NIFA will advise the awardee of the possibility of termination of the entire award and allow the awardee to withdraw its termination request. If the awardee does not withdraw its request for partial termination, NIFA may initiate procedures to terminate the entire award for cause.
( d ) *Withholding of support.* Withholding of support is a decision not to make a non-competing continuation award within the current competitive segment. Support may be withheld for one or more of the following reasons: Adequate Federal funds are not available to support the project; an awardee failed to show satisfactory progress in achieving the objectives of the project; an awardee failed to meet the terms and conditions of a previous award; or for whatever reason, continued funding would not be in the best interests of the Federal Government. If a non-competing continuation award is denied (withheld) because the awardee failed to comply with the terms and conditions of a previous award, the awardee may appeal that determination under § 3430.62.
____________ __ 

SWanson, Brian (OST) .. 

From:. ,., . s·ei.~' .:;:~ . ' 

Mickey Bo't'man <mbowman@gosilver.com> 

Wednesday, July 11, 2012 2:14 PM 

~- ""'"" 

To: t· .... ,.~ 

Swanson, Brian (OST); Devany, Dennis (OST); greg.frazier@dot.gov · " t-.... 01 

Cc: • Steve Jones 

Subject: FW: GGWAirport Closure 

Importance: High 

. ' .: 

Gentlemen, N 

Please be advised that due to weather and funding" the runway construction project dosing the GG~rport has been 

rescheduled from July 9-27 to August 8-28, 2012. 

From: brian.swanson@dot.gov [mailto:brian.swanson@dot.gov] 

• ··Sent: Wedhesday, June 06, 2012 11:35' AM • ' . ~ ' 

To: Mickey Bowman 

Cc: Dennis.DeVany@dot.gov; prairieav@yahoo.com 

Subject: RE: GGW Airport Closure 

Mickey: 

The memo to Greg Frazier regarding payout during construction at GGW (as referenced below) can be found 

at: httg:LLwww.regulations.gov/#!documentDetaii;D=DOT-OST-1997-2605-0100. Please let me know if you have any 

questions. 

Regards, 

Brian 

(202) 366-5392 

From: Devany, Dennis (OST) 

Sent: Tuesday, May 29, 2012 1:00PM 

To: Mickey Bowman; Schlemmer, Kevin (OST) . 

Cc: Swanson, Brian (OST) 

Subject: RE: GGW Airport Closure 

Thx, Mickey. This is Brian's case. 

From: Mickey Bowman [mailto:mbowman@gosilver.coml 

Sent: Tuesday, May 29, 2012 12:30 PM 

To: Devany, Dennis (OST); Schlemmer, Kevin (OST) 

Subject: FW: GGW Airport Closure 

Gents, 

Per my earlier note, the GGW airport will be closing July 9 through 28 for Runway Work. Just want to make sure 

everyone is on the loop. 

MB 

From: Gwen Honrud 

Sent: Tuesday, May 29, 2012 12:01 PM 

To: Linda Sackman; Michael Ritchey; Michael Purchon; Mickey Bowman; Gene Loendorf 

1