alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### REVISED OCTOBER 31, 2017

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 16

- 60618 Summary Calendar

MA DOLORES SOTO CASTRO ,
Petitioner

v.

JEFF ERSON B. SESSIONS, III, U.S. ATTORNEY GENERAL , Respondent

Petition for Review of an Order of the Board of Immigration Appeals BIA No. A091 286 821

Before BENAVIDES, SOUTHWICK, and COSTA, Circuit Judges. PER CURIAM: * Ma Dolores Soto Castro, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (BIA) order dismissing her appeal and affirming the Immigration Judge’s (IJ) order denying her applica tions for waiver of inadmissibility, adjustment of status, asylum, withholding of removal, and protection under the Convention Against Torture (CAT). Her

* Pursuant to 5 TH C IR

. R. 47.5 , the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR

. R. 47.5.4. United States Court of Appeals Fifth Circuit 

### FILED October 30, 2017

Lyle W. Cayce Clerk Case: 16-60618 Document: 00514217330 Page: 1 Date Filed: 10/31/2017N o. 16

- 60618

2 sole argument on appeal is that the BIA and IJ erred in determining, in connection with her request f or withholding of removal, that her claimed membership in a protected social group was limited to the group comprised of
Americanized Mexican returnees and did not include a claim based on family
ties

. S oto Castro briefs no argument challenging the denia l of her requests for a waiver of inadmissibility, adjustment of status, asylum, or relief under the CAT, and she has therefore abandoned any such challenge. See Sama v. Hannigan , 669 F.3d 585, 589 (5th Cir. 2012); Soadjede v. Ashcroft , 324 F.3d 830, 833 (5th Cir. 2003). She likewise does not dispute that her prior alien smuggling conviction is an aggravated felony or that she is removable based
on that conviction. See Sama , 669 F.3d at 589 ; Soadjede , 324 F.3d at 833

. Because Soto was removable as an a ggravated felon, this court has jurisdiction to consider only constitutional claims or questions of law

. 8 U.S.C. § § 1252(a)(2)(C ) , (a)(2)(D) ; Marquez

- Marquez v. Gonzales , 455 F .3d 548, 560

- 61 (5th Cir. 2006). Soto’s petition raises neither a legal nor

c onstitutional question. We lack jurisdi ction to consider her fact

- based argument. See Siwe v. Holder, 742 F.3d 603, 613 (5th Cir. 2014); Arciniega v.
Holder , 702 F.3d 781, 785 (5th Cir. 2012). Accordingly, the petition for review is DISMISSED for lack o f jurisdiction. Case: 16-60618 Document: 00514217330 Page: 2 Date Filed: 10/31/2017
<PAGE>   1
                                                                   EXHIBIT 99.02

                 GENQUEST, INC. SPECIAL MEETING OF STOCKHOLDERS

          THIS PROXY IS SOLICITED ON BEHALF OF THE BOARD OF DIRECTORS

     The undersigned stockholder of GenQuest, Inc., a Delaware corporation
("GenQuest"), hereby acknowledges receipt of the Notice of Special Meeting of
Stockholders and Proxy Statement/Prospectus, dated ___________, 1998, and
hereby appoints _________________ and _________________, and each of them, with
full power of substitution, as proxies, and authorizes them to represent and to
vote, as designated below, all the stock of GenQuest that the undersigned is
entitled to vote at the Special Meeting of Stockholders of GenQuest to be held
at _____ local time, on ___________, 1998, at _____________, New York, New
York, and at any postponement or adjournment thereof (the "Special Meeting"),
as follows:

     1.   Proposal to approve and adopt the Agreement and Plan of Merger dated
as of June 22, 1998 (the "Merger Agreement") by and among Corixa Corporation, a
Delaware corporation ("Corixa"), Chinook Acquisition Corporation, a Delaware
corporation and wholly-owned subsidiary of Corixa ("Chinook"), and GenQuest, and
to approve the merger (the "Merger") of GenQuest with and into Chinook under the
terms set forth in the Merger Agreement:

          FOR ( )     AGAINST ( )     ABSTAIN ( )

     2.   To transact such other business as may properly be presented at the
Special Meeting:

          GRANT AUTHORITY ( )      WITHHOLD AUTHORITY ( )

     IF NO DIRECTION IS MADE, THIS PROXY WILL BE VOTED FOR THE PROPOSAL TO
APPROVE AND ADOPT THE MERGER AGREEMENT AND TO APPROVE THE MERGER AND IN THE
DISCRETION OF THE PROXY HOLDER(S) ON ANY OTHER MATTERS THAT MAY PROPERLY COME
BEFORE THE SPECIAL MEETING.

Dated:
      ----------------------------          ------------------------------------
                                            Signature of Stockholder

                                            ------------------------------------
                                            PLEASE PRINT NAME 

Dated:
      ----------------------------          ------------------------------------
                                            Signature of Stockholder

                                            ------------------------------------
                                            PLEASE PRINT NAME 

     Please sign exactly as name appears on the stock certificate. When stock
is held by joint tenants, both should sign. When signing as attorney, executor,
administrator, trustee or guardian, please give full title as such. If a
corporation, please sign in full corporate name by the President or other
authorized officer. If a partnership, please sign in partnership name by an
authorized person.

     STOCKHOLDERS SHOULD SIGN THIS PROXY PROMPTLY AND RETURN IT IN THE ENCLOSED
ENVELOPE.
###### Editorial Note on Part 181

#### Editorial Note:

Nomenclature changes to part 181 appear at 61 FR 14482, Apr. 2, 1996, and 66 FR 56035, Nov. 6, 2001.

#### § 181.23 Antimycotics.

Substances classified as antimycotics, when migrating from food-packaging material shall include:

Calcium propionate.

Methylparaben (methyl *p*-hydroxybenzoate).

Propylparaben (propyl *p*-hydroxybenzoate).

Sodium benzoate.

Sodium propionate.

Sorbic acid.

[42 FR 14638, Mar. 15, 1977; 42 FR 56728, Oct. 28, 1977]
Exhibit 31.1
Certification
I, James V. Gorman, certify that:
 1.  I have reviewed this special financial report pursuant to Exchange Act Rule 15d-2 ofNational Atlantic Holdings Corporation;  2.  Based on my knowledge, this report does not contain any untrue statement of amaterial fact or omit to state a material fact necessary to make the statements made, inlight of the circumstances under which such statements were made, not misleading withrespect to the period covered by this report;  3.  Based on my knowledge, the financial statements, and other financial informationincluded in this report, fairly present in all material respects the financial condition,results of operations and cash flows of the registrant as of, and for, the periodspresented in this report;  4.  The registrant’s other certifying officer(s) and I are responsible for establishingand maintaining disclosure controls and procedures (as defined in Exchange Act Rules13a-15(e) and 15d-15(e)) for the registrant and have:
(a) Designed such disclosure controls and procedures, or caused such disclosurecontrols and procedures to be designed under our supervision, to ensure thatmaterial information relating to the registrant, including its consolidatedsubsidiaries, is made known to us by others within those entities, particularlyduring the period in which this report is being prepared;
(b) Evaluated the effectiveness of the registrant’s disclosure controls andprocedures and presented in this report our conclusions about the effectiveness ofthe disclosure controls and procedures, as of the end of the period covered by thisreport based on such evaluation; and
(c) Disclosed in this report any change in the registrant’s internal control overfinancial reporting that occurred during the registrant’s most recent fiscalquarter (the registrant’s fourth fiscal quarter in the case of an annual report)that has materially affected, or is reasonably likely to materially affect, theregistrant’s internal control over financial reporting; and
 5.  The registrant’s other certifying officer(s) and I have disclosed, based on our mostrecent evaluation of internal control over financial reporting, to the registrant’sauditors and the audit committee of the registrant’s board of directors (or personsperforming the equivalent functions):
 

 

(a) All significant deficiencies and material weaknesses in the design or operationof internal control over financial reporting which are reasonably likely toadversely affect the registrant’s ability to record, process, summarize and reportfinancial information; and
(b) Any fraud, whether or not material, that involves management or other employeeswho have a significant role in the registrant’s internal control over financialreporting.
Date: April 27, 2005                                               /s/ James V. Gorman   By: James V. Gorman   Chairman and Chief Executive Officer
Summary of Comments

 Subject Number of Comments Number of Commenters

Satellite Accumulation 36 24

Tanks 33 8

Containers 29 15

Waste Min + Recycling 28 16

Clarify Regulations 27 16

Contingency Management 23 13

Waste Accumulation 20 19

Training 19 15

Waste Determinations 17 14

Episodic Generation 15 14

Air Emissions 10 8

Land Disposal Restrictions 10 7

Treatment 10 9 

RCRA Identification 9 9

Recordkeeping 9 8

Transportation 8 7

Emergency Response 4 2

Waste Consolidation 3 3
 Totals 310
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.                  

###### Securities and Exchange Commission

Notice is hereby given, pursuant to the provisions of the Government in the Sunshine Act, Public Law 94-409, that the Securities and Exchange Commission will hold a Closed Meeting on Thursday, January 14, 2010 at 2 p.m. 

Commissioners, Counsel to the Commissioners, the Secretary to the Commission, and recording secretaries will attend the Closed Meeting. Certain staff members who have an interest in the matters also may be present. 

The General Counsel of the Commission, or his designee, has certified that, in his opinion, one or more of the exemptions set forth in 5 U.S.C. 552b(c)(3), (5), (7), 9(B) and (10) and 17 CFR 200.402(a)(3), (5), (7), 9(ii) and (10), permit consideration of the scheduled matters at the Closed Meeting. 

Commissioner Paredes, as duty officer, voted to consider the items listed for the Closed Meeting in a closed session. 

The subject matter of the Closed Meeting scheduled for Thursday, January 14, 2010 will be: 

[I]nstitution and settlement of injunctive actions; institution and settlement of administrative proceedings; consideration of amicus participation; and 

Other matters relating to enforcement proceedings.

At times, changes in Commission priorities require alterations in the scheduling of meeting items. 

For further information and to ascertain what, if any, matters have been added, deleted or postponed, please contact: 

The Office of the Secretary at (202) 551-5400. 

Dated: January 7, 2010. 

Elizabeth M. Murphy, 

Secretary.

[FR Doc. 2010-391 Filed 1-7-10; 4:15 pm] 

BILLING CODE 8011-01-P
# C_2014102EN.01001802.xml

| 7.4.2014 | EN | Official Journal of the European Union | C 102/18 |
| --- | --- | --- | --- |

7.4.2014

EN

Official Journal of the European Union

C 102/18

---

Action brought on 24 January 2014 — European Commission v French Republic

(Case C-37/14)

2014/C 102/25

Language of the case: French

Parties

Parties

Applicant: European Commission (represented by: J.-F. Brakeland and B. Stromsky, acting as Agents)

Applicant:

Defendant: French Republic

Defendant:

Form of order sought

Form of order sought

The Commission claims that the Court should:

| — | declare that, by failing to adopt, within the prescribed time-limits, all the measures necessary to recover from the relevant beneficiaries all State aid declared unlawful and incompatible with the common market by Article 1 of Commission Decision 2009/402/EC of 28 January 2009 on the ‘contingency plans’ in the fruit and vegetable sector implemented by France (1) and by failing to inform the Commission, within the time-limit set, of any measures taken to comply with that decision, the French Republic has failed to fulfil its obligations under the fourth paragraph of Article 288 TFEU and Articles 2, 3 and 4 of Decision 2009/402/EC; |
| --- | --- |

—

declare that, by failing to adopt, within the prescribed time-limits, all the measures necessary to recover from the relevant beneficiaries all State aid declared unlawful and incompatible with the common market by Article 1 of Commission Decision 2009/402/EC of 28 January 2009 on the ‘contingency plans’ in the fruit and vegetable sector implemented by France (1) and by failing to inform the Commission, within the time-limit set, of any measures taken to comply with that decision, the French Republic has failed to fulfil its obligations under the fourth paragraph of Article 288 TFEU and Articles 2, 3 and 4 of Decision 2009/402/EC;

1

| — | order the French Republic to pay the costs. |
| --- | --- |

—

order the French Republic to pay the costs.

Pleas in law and main arguments

Pleas in law and main arguments

Recovery of all State aid declared unlawful had not taken place by the date on which the time-limit for such recovery, as laid down by Decision 2009/402/EC, expired.

On the date on which the present action was brought, the French Republic had still not adopted the measures necessary to recover that aid from the undertakings to which it had been granted, nor had it disclosed to the Commission all the information requested by that institution.

---

(1)  OJ 2009 L 127, p. 11.

1

---
#### The Southern Connecticut Gas Company *v.*Public Utilities Commission

*John K. Jepson,*assistant attorney general, for the appellant (defendant).

*Raymond W. Beckwith,*with whom was *Daniel F. Wheeler,*for the appellee (plaintiff).

Decided December *5,*1969

Pursuant to Practice Book § 762, as amended, the application of the Public Utilities Commission for an expedited appeal is granted to the extent of a determination of the issue of the jurisdiction of the Superior Court to enter the order of October 17, 1969, and such appeal is assigned for hearing on Wednesday, December 10, 1969, at 11 a.m. Briefs now on file may be used.
Electronically Filed Supreme Court SCAD-10-0000194 18-MAR-2011 10:47 AM SCAD-10-0000194
IN THE SUPREME COURT OF THE STATE OF HAWAI ' I

OFFICE OF DISCIPLINARY COUNSEL, Petitioner,

vs. DANILO T. AGUILAR, Respondent.

ORIGINAL PROCEEDING (ODC 10-070-8904)
ORDER OF DISBARMENT (By: Recktenwald, C.J., Nakayama, Acoba and Duffy, JJ., and Intermediate Court of Appeals Chief Judge Nakamura, assigned by reason of vacancy) Upon consideration of the Office of Disciplinary Counsel’s Petition for Issuance of Reciprocal Discipline Notice, our December 22, 2010 Notice and Order, Respondent Danilo T. Aguilar’s lack of response to the notice and order, and the record, it appears Respondent Aguilar was disbarred by the United States District Court for the District of Hawai' i on November 24, 2010 after conviction upon 2 counts of money laundering. It further appears Respondent Aguilar was summarily suspended from practice by the Supreme Court of Guam on September 10, 2010. It further appears that Respondent Aguilar does not maintain a practice in this jurisdiction and delaying the effective date of this order for thirty days, as provided by Rule 2.16(c) of the Rules of the Supreme Court of the State of Hawai ' i (RSCH), would serve no purpose. Therefore,IT IS HEREBY ORDERED that Respondent Danilo T. Aguilar is disbarred, effective upon entry of this order. IT IS FURTHER ORDERED that, in addition to any other requirements for reinstatement imposed by the Rules of the Supreme Court of the State of Hawai ' i, Respondent Aguilar shall pay all costs of these proceedings as approved upon timely submission of a bill of costs. IT IS FINALLY ORDERED that Respondent Aguilar shall, within ten (10) days after the date of this order, file with this court an affidavit in full compliance with RSCH Rule 2.16(d). DATED: Honolulu, Hawai ' i, March 18, 2011. /s/ Mark E. Recktenwald /s/ Paula A. Nakayama /s/ Simeon R. Acoba, Jr. /s/ James E. Duffy, Jr. /s/ Craig H. Nakamura

2
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<ARTICLE> 5
<MULTIPLIER> 1

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-END>                               JUN-30-1999
<CASH>                                      $1,107,262
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                            $1,345,992
<PP&E>                                     $22,449,403
<DEPRECIATION>                              $7,130,128
<TOTAL-ASSETS>                             $16,665,267
<CURRENT-LIABILITIES>                         $341,112
<BONDS>                                              0
<COMMON>                                             0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<OTHER-SE>                                 ($1,326,815)
<TOTAL-LIABILITY-AND-EQUITY>               $16,665,267
<SALES>                                              0
<TOTAL-REVENUES>                            $1,841,422
<CGS>                                                0
<TOTAL-COSTS>                               $1,175,831
<OTHER-EXPENSES>                                $8,519
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                            $679,149
<INCOME-PRETAX>                               ($22,077)
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<INCOME-CONTINUING>                           $(22,077)
<DISCONTINUED>                                       0
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<NET-INCOME>                                  $(22,077)
<EPS-BASIC>                                   ($2.23)
<EPS-DILUTED>                                   $(2.23)


</TABLE>
<PAGE>

                                                                    EXHIBIT 32.2

                  CERTIFICATION OF PRINCIPAL FINANCIAL OFFICER

                                   PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

       I, John P. Saldarelli, Treasurer and Chief Financial Officer (Principal
Financial Officer) of American Property Investors, Inc., the General Partner of
American Real Estate Partners, L.P. (the "Registrant"), certify that to the best
of my knowledge, based upon a review of the American Real Estate Partners, L.P.
quarterly report on Form 10-Q for the period ended June 30, 2004 of the
Registrant (the "Report"):

             (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.

                                                /s/ JOHN P. SALDARELLI
                                       -----------------------------------------
                                                    JOHN P. SALDARELLI
                                         TREASURER AND CHIEF FINANCIAL OFFICER
                                           AMERICAN PROPERTY INVESTORS, INC.,
                                                 THE GENERAL PARTNER OF
Date: August 9, 2004                      AMERICAN REAL ESTATE PARTNERS, L.P.
§ 558.115 Carbadox. ( a ) *Approvals.* Type A medicated articles: 2.2. percent (10 grams per pound) to 066104 in § 510.600(c) of this chapter.
( b ) *Related tolerances.* See § 556.100 of this chapter.
( c ) *Special considerations.* Do not use in Type B or Type C medicated feeds containing bentonite.
( d ) *Conditions of use.* It is used for swine as follows: ( 1 ) *Amount per ton.* 10-25 grams (0.0011-0.00275 percent). ( i ) *Indications for use.* For increase in rate of weight gain and improvement of feed efficiency.
( ii ) *Limitations.* Not for use in pregnant swine or swine intended for breeding purposes. Do not feed to swine within 42 days of slaughter.
( 2 ) *Amount per ton.* 50 grams (0.0055 percent). ( i ) *Indications for use.* For control of swine dysentery (vibrionic dysentery, bloody scours, or hemorrhagic dysentery); control of bacterial swine enteritis (salmonellosis or necrotic enteritis caused by *Salmonella choleraesuis*); increased rate of weight gain and improved feed efficiency.
( ii ) *Limitations.* Not for use in pregnant swine or swine intended for breeding purposes. Do not feed to swine within 42 days of slaughter.
( 3 ) *Amount per ton.* Carbadox 50 grams (0.0055 percent) plus pyrantel tartrate, 96 grams (0.0106 percent). ( i ) *Indications for use.* For control of swine dysentery (vibrionic dysentery, bloody scours, or hemorrhagic dysentery); control of bacterial swine enteritis (salmonellosis or necrotic enteritis caused by *Salmonella choleraesuis*); aid in the prevention of migration and establishment of large roundworm (*Ascaris suum*) infections; aid in the prevention of establishment of nodular worm (*Oesophagostomum*) infections.
( ii ) *Limitations.* Do not feed to swine over 75 pounds; do not feed within 10 weeks of slaughter; consult a veterinarian before feeding to severely debilitated animals; feed continuously as sole ration. Do not use in complete feeds containing less than 15 percent crude protein.
( 4 ) Carbadox may also be used in combination with oxytetracycline as in § 558.450.
[40 FR 13959, Mar. 27, 1975, as amended at 40 FR 45164, Oct. 1, 1975; 40 FR 57798, Dec. 12, 1975; 42 FR 761, Jan. 4, 1977; 51 FR 7396, Mar. 3, 1986; 63 FR 59216, Nov. 3, 1998; 66 FR 47963, Sept. 17, 2001; 69 FR 51173, Aug. 18, 2004; 82 FR 21691, May 10, 2017]
[Nos. 20483-5-II; 20484-3-II; 20485-1-II.

Division Two.

October 31, 1997.]

#### *In the Matter of the Welfare of*L.L. *In the Matter of the Welfare of*C.L. *In the Matter of the Welfare of*C.L. Jeannie Lawrence, *Appellant,*v. The Department of Social and Health Services, *Respondent.*

Appeals from a judgment of the Superior Court for Clallam County, No. 94-7-00100-1, Kenneth D. Williams, J., entered February 2,1996. *Affirmed*by unpublished opinion per Armstrong, J., concurred in by Morgan and Seinfeld, JJ.