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NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

KESNER PASCAL, 

Petitioner,

 v.

MERRICK B. GARLAND, Attorney

General, 

Respondent.

No. 21-1234

Agency No. 209-871-990

MEMORANDUM*

On Petition for Review of an Order of the

Board of Immigration Appeals

Submitted April 21, 2023** 

San Francisco, California

Before: SCHROEDER, CALLAHAN, and BUMATAY, Circuit Judges.

Kesner Pascal, a citizen of Haiti, seeks review of the Board of Immigration

Appeals’ (“BIA”) decision dismissing his appeal from a decision of an

Immigration Judge (“IJ”) denying his application for asylum, withholding of

FILED

APR 25 2023

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).
removal, and protection under the Convention Against Torture (“CAT”). Pascal

contends that it was error to admit the Form I-213 and Record of Sworn Statement

because they were not properly certified or authenticated. We have long held that

the Form I-213 is probative, and its admission is fair absent evidence of coercion

or that the statements are not those of the petitioner. See Trias-Hernandez v. INS,

528 F.2d 366, 369 (9th Cir. 1975). 

Pascal claims he was coerced into signing the Sworn Statement while he was

detained and did not have it read back to him in a language he could understand. 

But the record indicates that his interview was conducted in Creole, and he swore

that his answers were given voluntarily and truthfully. Information on an

immigration form is “presumed to be reliable in the absence of evidence to the

contrary presented by the [petitioner].” Espinoza v. INS, 45 F.3d 308, 310 (9th Cir.

1995). Pascal’s Form I-213 and Record of Sworn Statement were signed by an

authorized certifying designee of the Secretary of Homeland Security. The IJ’s

admission of the two documents was therefore not error. 

Substantial evidence supports the BIA’s adverse credibility determination. 

Pascal’s testimony concerning his fear of returning was inconsistent with his

statement during his interview that he had no fear of returning, and the

inconsistency was not adequately explained. 

2
Pascal’s CAT claim similarly fails. Pascal is unable to point to any evidence

that compels reversal of the agency’s CAT decision. See Farah v. Ashcroft, 348

F.3d 1153, 1156–57 (9th Cir. 2003). 

PETITION DENIED.

3
§ 70.13 Payment for care and treatment. ( a ) The Director may authorize payment for the care and treatment of individuals subject to medical examination, quarantine, isolation, and conditional release, subject to paragraphs (b) through (h) of this section.
( b ) Payment for care and treatment shall be in the CDC's sole discretion and subject to the availability of appropriations.
( c ) Payment shall be secondary to the obligation of the United States or any third-party (*i.e.,* any State or local governmental entity, private insurance carrier, or employer), under any other law or contractual agreement, to pay for such care and treatment, and shall be paid by the Director only after all third-party payers have made payment in satisfaction of their obligations.
( d ) Payment may include costs for providing ambulance or other medical transportation when such services are deemed necessary by the Director for the individual's care and treatment.
( e ) Payment shall be limited to those amounts the hospital, medical facility, or medical transportation service would customarily bill the Medicare system using the International Classification of Diseases, Clinical Modification (ICD-CM), and relevant regulations promulgated by the Centers for Medicare and Medicaid Services in existence at the time of billing.
( f ) For quarantinable communicable diseases, payment shall be limited to costs for services and items reasonable and necessary for the care and treatment of the individual or group for the time period beginning when the Director refers the individual or group to the hospital or medical facility and ends when, as determined by the Director, the period of apprehension, quarantine, isolation, or conditional release expires.
( g ) For diseases other than those described in paragraph (f) of this section, such payment shall be limited to costs for services and items reasonable and necessary for care and treatment of the individual for the time period that begins when the Director refers the individual to the hospital or medical facility and ends when the individual's condition is diagnosed, as determined by the Director, as an illness other than a quarantinable communicable disease.
( h ) For ambulance or other medical transportation, payment shall be limited to the costs for such services and other items reasonable and necessary for the individual's safe medical transport.
[82 FR 6971, Jan. 19, 2017]
#### § 447.251 Definitions.

For the purposes of this subpart—

*Long-term care facility services* means intermediate care facility services for Individuals with Intellectual Disabilities (ICF/IID) and nursing facility (NF) services.

*Provider* means an institution that furnishes inpatient hospital services or an institution that furnishes long-term care facility services.

[46 FR 47971, Sept. 30, 1981, as amended at 54 FR 5359, Feb. 2, 1989; 56 FR 48867, Sept. 26, 1991]
SAT Report

PMN Number: P-14-0143

SAT Date: 12/20/2013

Print Date: 1/8/2014

Related cases:

Ecotox related cases: Analogs: 

Concern levels:

Type of Concern: Health Eco Comments

Level of Concern: 1-2 3

 Persistence Bioaccum Toxicity Comments

1 1 1

2 1 2

Exposure Based Review:

Health: Yes

Ecotox: Yes

Routes of exposure: Health: Dermal Drinking Water Inhalation 

Ecotox: All releases to water

Fate: ;

Keywords:

 Keywords: ONCO; MUTA; DEVEL; LIVER; AQUATOX-A,C; IRR-S,E,MM; 

THYROID; UNCERT-SENS

Summary of Assessment:

 Fate:

Fate Summary: P-14-0143

FATE: 

log Kow = -0.17 (M)

log Koc = 0.00 (E)

log Fish BCF = 0.50 (E)

log Fish BAF = -0.02 (E)

FATE: 
log Kow = 0.43 (E)

log Koc = 5.69 (E)

log Fish BCF = 0.50 (E)

log Fish BAF = 0.06 (E)

PMN Substance: 

VP < 1.0E-6 torr at 25 C (E)

BP > 

H < 1.00E-8 (E)

POTW removal (%) = via biodeg; 

Sorption to soils/sediments = 

PBT Potential: 

*CEB FATE: 

 Health:

 Health Summary: Not absorbed from the skin, absorbed from the lung 

(pchem), poor absorption from the GI tract (analog). Concern for acute toxicity based 

toxicity based 

mg/kg); mutagenicity based on positive results in several mutagenicity assays for analogues 

,) ; and 

).

 Ecotox:

Test Organism Test 

Type

Test End 

Point

Predicted Measured Comments

fish 96-h LC50 0.047

daphnid 48-h LC50 0.054

green algal 96-h EC50 1.3

fish _ chronic value 0.005

daphnid _ chronic 

value

0.005

algal _ chronic 

value

0.14

Sewage Sludge 3-h EC50 _

Sewage Sludge _ Chronic 

Value

_

Ecotox Values Comments: Predictions are based on SAR nearest analog methods for 

; SAR chemical class = 
 effective concentrations based on 100% active ingredients and 

nominal concentrations; hardness <150.0 mg/L as CaCO3; and TOC <2.0 mg/L;

Factors Values Comments

Assessment Factor 10

Concentration of Concern 

(ppb)

1

SARs

SAR Class

Ecotox Category 

Ecotox Factors Comments: 

 SAT Chair: K.Moran, 564-4322
###### Editorial Note on Subchapter A of Chapter I

#### Editorial Note:

Part 2 is placed in the separate grouping of parts pertaining to trademarks regulations.

###### Editorial Note on Subchapter A of Chapter I

#### Editorial Note:

Part 6 is placed in the separate grouping of parts pertaining to trademarks regulations.

###### Editorial Note on Subchapter A of Chapter I

#### Editorial Note:

Part 7 is placed in the separate grouping of parts pertaining to trademarks regulations.

###### Editorial Note on Subchapter A of Chapter I

#### Editorial Note:

Part 1 is placed in the separate grouping of parts pertaining to patents regulations.

###### Editorial Note on Subchapter A of Chapter I

#### Editorial Note:

Part 3 pertaining to both patents and trademarks is placed in the grouping pertaining to patents regulations.

###### Editorial Note on Subchapter A of Chapter I

#### Editorial Note:

Part 4 is placed in the separate grouping of parts pertaining to patents regulations.

###### Editorial Note on Subchapter A of Chapter I

#### Editorial Note:

Part 5 is placed in the separate grouping of parts pertaining to patents regulations.

#### § 43.1 Scope.

This part sets forth procedures for the pre-issuance circulation and review within the Patent Trial and Appeal Board of draft panel decisions rendered in proceedings pending under parts 41 and 42 of this chapter and sets forth the controlling legal authority, policy, and guidance applicable to the decisions of the Board.
**Exhibit 15.2**

 

IndependentRegistered Public Accounting Firm’s Consent

 

We consent to the incorporation by referencein this Shell Company Report of Triterras, Inc. on Form 20-F of our report dated March 11, 2020, with respect to our audit of thefinancial statements of Netfin Acquisition Corp. as of December 31, 2019 and for the period from April 24, 2019 (inception)through December 31, 2019 appearing in the Registration Statement on Form F-4 File No. 333-248486 of Netfin Holdco (n/k/a Triterras,Inc). We also consent to the reference to our Firm under the heading “Statement of Experts” in such Shell Company Report.

 

/s/ Marcum llp

 

Marcum llp

Houston, Texas

November 16, 2020
```

[House Document 107-180]
[From the U.S. Government Publishing Office]

                                     

107th Congress, 2nd Session - - - - - - - - - - - - House Document 107-180

 
GOVERNING INTERNATIONAL FISHERY AGREEMENT BETWEEN THE UNITED STATES OF 
     AMERICA AND THE GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA

                               __________

                                MESSAGE

                                  from

                   THE PRESIDENT OF THE UNITED STATES

                              transmitting

AN AGREEMENT BETWEEN THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND 
    THE GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA EXTENDING THE 
AGREEMENT OF JUNE 24, 1985, CONCERNING FISHERIES OFF THE COASTS OF THE 
 UNITED STATES, WITH ANNEX, AS EXTENDED (THE ``1985 AGREEMENT''). THE 
   PRESENT AGREEMENT, WHICH WAS AFFECTED BY AN EXCHANGE OF NOTES IN 
  BEIJING ON APRIL 6 AND JULY 17, 2001, EXTENDS THE 1985 AGREEMENT TO 
            JULY 1, 2004, PURSUANT TO 16 U.S.C. 1801 ET SEQ.

  February 5, 2002.--Message and accompanying papers referred to the 
            Committee on Resources and ordered to be printed
To the Congress of the United States:
    In accordance with the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1801 et seq.), I 
transmit herewith an Agreement between the United States of 
America and the Government of the People's Republic of China 
extending the Agreement of June 24, 1985, Concerning Fisheries 
Off the Coasts of the United States, with annex, as extended 
(the ``1985 Agreement''). The present Agreement, which was 
effected by an exchange of notes in Beijing on April 6 and July 
17, 2001, extends the 1985 Agreement to July 1, 2004.
    In light of the importance of our fisheries relationship 
with the People's Republic of China, I urge that the Congress 
give favorable consideration to this Agreement.

                                                    George W. Bush.
    The White House, February 4, 2002.

    
    

```
§ 9.12 Compliance with the Standards of Care, and USDA and PHS policies and regulations. ( a ) *How will compliance with the standards set forth in this part be monitored and what are the consequences of noncompliance with the standards?* The federally supported chimpanzee sanctuary must comply with the standards of care set forth in this part and include a statement in the Annual Progress Report certifying compliance with these standards of care in accordance with the terms of the current contract between ORIP/DPCPSI and the Sanctuary Contractor. A designated representative of the Secretary will monitor compliance. The responsibility to monitor compliance with the standards is delegated to ORIP/DPCPSI/NIH/HHS . The ORIP/DPCPSI/NIH Project Officer for this contract will conduct scheduled site visits at least one time annually (or more often if necessary) and review monthly and quarterly reports submitted to the Project and Contract Officer. Subcontractors are subjected to the same provisions. Failure to comply with the standards set forth in this part, or to correct deficiencies noted within the allowable time period, could result in termination of the contract by the Federal Government (HHS/NIH), or allow the Secretary to correct the deficiencies according to the terms and conditions outlined in the contract. The Secretary may impose additional sanctions on the contractor up to, and including, authorizing assumption or reassignment of the management of the sanctuary contract.
( b ) *To what type of outside review or inspection will the federally supported sanctuary be subjected?* As noted in paragraph (a) of this section, the contractor for the sanctuary will be monitored on a regularly scheduled basis by representatives of ORIP/DPCPSI/NIH/HHS . The ORIP/DPCPSI representative will use facility site visits, reports, personal contact, and any other means as appropriate to ensure compliance with these standards. The contractor and subcontractors are required to obtain and maintain an Animal Welfare Assurance from NIH's Office of Laboratory Animal Welfare (OLAW) when chimpanzees are used for noninvasive studies as authorized in the CHIMP Act. In addition, the sanctuary must achieve accreditation by a nationally recognized animal program accrediting body (such as the AAALAC, the AZA, or similar recognized body) within a time frame to be determined by ORIP/DPCPSI/NIH . The federally supported sanctuary must comply with the requirements set forth in the Animal Welfare Regulations (9 CFR parts 1 through 3).
[73 FR 60423, Oct. 10, 2008, as amended at 85 FR 54273, Sept. 1, 2020]
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.                  

###### Federal Retirement Thrift Investment Board

# Time and Date:

 9:30 a.m. (Eastern Time). September 24, 2009.

# Place:

 4th Floor Conference Room, 1250 H Street, NW., Washington, DC 20005.

# Status:

 Parts will be open to the public and parts closed to the public.

## Matters To Be Considered

### Parts Open to the Public

1. Approval of the minutes of the August 17, 2009 Board member meeting.

2. Thrift Savings Plan activity report by the Executive Director.

a. Monthly Participant Activity Report.

b. Monthly Investment Performance Report.

c. Legislative Report.

3. Annual Budget Report.

a. Fiscal Year 2009 Results.

b. Fiscal Year 2010 Budget.

c. Fiscal Year 2011 Estimate.

### Parts Closed to the Public

4. Proprietary Information.

# Contact Person for More Information: 

Thomas J. Trabucco, Director, Office of External Affairs, (202) 942-1640.

Dated: September 10, 2009.

Thomas K. Emswiler,

Secretary, Federal Retirement Thrift Investment Board.

[FR Doc. E9-22191 Filed 9-10-09; 4:15 pm]

BILLING CODE 6760-01-P
Home2023 Certificates of Competency for Nominees to be Chiefs of Mission...Mills, Richard Jr – Federal Republic of Nigeria – January 2023

# 									Mills, Richard Jr – Federal Republic of Nigeria – January 2023							

Certificate of Competency

January 23, 2023

UNITED STATES SENATE

SUBJECT: Ambassadorial Nomination: Certificate ofDemonstrated Competence — Foreign ServiceAct, Section 304(a)(4)

POST:                    Federal Republic of Nigeria

CANDIDATE:      Richard Mills, Jr.

Richard Mills, Jr., a career member of the Senior Foreign Service with the rank of Minister-Counselor, currently serves as the U.S. Deputy Representative to the United Nations.  Previously, he was Deputy Chief of Mission and then Chargé d’Affaires a.i. at U.S. Embassy Ottawa, Canada.  Prior to that, Mills served as U.S. Ambassador to Armenia.  He has also served as Deputy Chief of Mission at the U.S. Embassy in Beirut, Lebanon and as Deputy Chief of Mission and Chargé d’Affaires a.i. at U.S. Embassy Valetta, Malta.  Other assignments include Senior Democracy Advisor at U.S. Embassy Baghdad, Political Counselor at U.S. Embassy London, and Political Officer at the U.S. Mission to the United Nations. Mills’ thirty-year career in the Foreign Service, including tours in challenging security and policy environments, work on sub-Saharan Africa issues, and his management experience and demonstrated ability to lead large interagency teams, make him a well-qualified candidate to be the U.S. Ambassador to Nigeria.

Prior to joining the Foreign Service, Mills was an Associate Attorney with the firm of Duncan, Allen and Mitchell in Washington, D.C.   A native of Louisiana, Mills earned a B.A. in Foreign Service from Georgetown University, a J.D. from the University of Texas School of Law and a M.S. in National Security Policy from the National Defense University.  He is the recipient of multiple State Department awards including five Senior Foreign Service Performance awards and eight Superior Honor Awards.  Mills speaks French.

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Exhibit 10.6



 Exhibit 10.6 
 People’s United Bank Short Term Incentive Plan for Key Employees 
 People’s United Bank maintains a Short
Term Incentive Plan (the STIP) for certain key employees of the company. The STIP is administered under the authority of the Human Resources Committee (HRC) of the Bank’s Board of Directors. 
 Eligibility. All employees who are classified as Grade 45 or higher, and who are not participants in any other management, production or sales incentive plan are
eligible to participate. The Chief Executive Officer and all other executive officers of the company are participants in the STIP. 
 Target Awards. A
target payout amount is established for each STIP participant on an annual basis. The target amount is expressed as a percentage of the participant’s base salary for the applicable fiscal year. In general, target award percentages increase as
seniority levels increase within the company. 
 Performance Priorities. Generally, three performance priorities are set for each STIP participant
(including the Chief Executive Officer) for the applicable fiscal year. Individual performance priorities relate to the company’s strategic business objectives for that year. 
 Company Performance Measure(s). The availability of funds for payment of STIP awards is dependent on the company’s attainment of a specified level of performance compared to objective performance measure
(e.g., earnings per share) or measures over the course of the company’s fiscal year. No funds are available for the payment of STIP awards if the company’s performance does not meet or exceed a specified minimum performance level(s).
Conversely, the amount available for the payment of STIP awards is capped once the company’s performance exceeds a specified level compared to the objective measure(s). The performance measure(s), minimum performance level(s), and cap level(s)
are determined by the HRC on an annual basis. 
 Payouts. STIP payouts are determined following the close of the applicable fiscal year. No
payouts are made to any STIP participant unless (a) the company has attained at least the minimum performance level specified for the applicable fiscal year, and (b) the Bank’s regulatory capital ratios meet or exceed their required
levels. Assuming these conditions have been met, each participant’s achievement of his or her performance priorities is evaluated and the amount of his or her STIP award payment is calculated. The participant must demonstrate a specified
minimum percentage achievement of his or her performance priorities, with the amount of the payout dependent on the degree of achievement attained. Preliminary payout calculations for a participant may then be increased or decreased by as much as
30% (in 10% increments) after evaluating the participant’s leadership behaviors. 
 Reserved Authority. The HRC and the full Board of Directors
of the Bank reserve the authority to approve, modify, or disallow any payment proposed to be made pursuant to the STIP.
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 on Form 10-Q of IDS Life Insurance
Company (the "Company") for the quarterly period ended March 31, 2004, as filed
with the Securities and Exchange Commission on the date hereof (the "Report"),
Mark E. Schwarzmann, as Chief Executive Officer of the Company, and Arthur H.
Berman as Chief Financial Officer of the Company, each hereby certifies,
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.


    /s/  Mark E. Schwarzmann
    -------------------------
Name:    Mark E. Schwarzmann
Title:   Director, Chairman of the Board
         and Chief Executive Officer
Date:    May 10, 2004



    /s/  Arthur H. Berman
    -------------------------
Name:    Arthur H. Berman
Title:   Director and Executive Vice President- Finance
         and Chief Financial Officer
Date:    May 10, 2004

The foregoing certification is being furnished solely pursuant to 18 U.S.C.
Section 1350, as adopted pursuant to Section 906 of Sarbanes-Oxley Act of 2002,
and is not being "filed" as part of the Form 10-Q or as a separate disclosure
document for purposes of Section 18 of the Securities Exchange Act of 1934, as
amended (the "Exchange Act"), or otherwise subject to liability under that
section. This certification shall not be deemed to be incorporated by reference
into any filing under the Securities Act of 1933, as amended, or the Exchange
Act except to the extent that this Exhibit 32.1 is expressly and specifically
incorporated by reference in any such filing.

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.