alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 13-60293

CECILIO MENDEZ MENDEZ,

Petitioner

v.

ERIC H. HOLDER, JR., U. S. ATTORNEY GENERAL,

Respondent

Petition for Review of an Order of the

Board of Immigration Appeals

BIA No. A037-001-280

Before REAVLEY, ELROD, and SOUTHWICK, Circuit Judges.

PER CURIAM:*

The Order of the Board of Immigration Appeals is reviewed and its order 

of removal is vacated for the following reason.

The record shows a full concession, by an attorney at the initial hearing, 

of all charges for removability made by the government in its Notice to Appear. 

However, both the IJ and BIA granted the removal because, by common sense,

they saw the conduct of Mendez to be a crime for which he was convicted. The 

* Pursuant to 5TH CIR. 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 5TH 

CIR. R. 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

December 19, 2014

Lyle W. Cayce

Clerk

 

 Case: 13-60293 Document: 00512877053 Page: 1 Date Filed: 12/19/2014
No. 13-60293

government does not contend that the initial concession should affect our 

decision.

The problem is that the record shows no conviction of an aggravated 

felony – or of the sexual abuse of a minor. We may know that the conduct of 

Mendez would support a conviction of a crime charged, but none of the statutes 

require violence or force or sexual abuse of a minor for conviction. Therefore, 

it is not shown that any conviction met the categorical compatibility required 

to justify Mendez’s deportation.

Review GRANTED and Order of Removal VACATED. 

2

 Case: 13-60293 Document: 00512877053 Page: 2 Date Filed: 12/19/2014
Exhibit 23


               CONSENT OF ERNST & YOUNG LLP, INDEPENDENT AUDITORS


   We consent to the incorporation by reference in the Registration Statement
   on Form S-8 (No. 33-79838) pertaining to the Effective Management Systems,
   Inc. 1994 Employee Stock Purchase Plan, the Registration Statement on Form
   S-8 (No. 33-78658) pertaining to the Effective Management Systems, Inc.
   1993 Stock Option Plan and the Registration Statement on Form S-3 (No. 33-
   95816) pertaining to the registration of 550,000 shares of its common
   stock of our report dated January 17, 1997, with respect to the
   consolidated financial statements of Effective Management Systems, Inc.
   included in the Annual Report on Form 10-KSB for the year ended November
   30, 1996.



                                           ERNST & YOUNG LLP


   Milwaukee, Wisconsin
   February 14, 1997
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 Lounsberry Holdings I, Inc.
(the "Company") on Form 10-QSB for the period ending June 30, 2005 as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I,
Mark Allen, certify, pursuant to 18 U.S.C. ss. 1350, as adopted pursuant to ss.
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.


                        /s/ Mark Allen
                        -----------------------------------
                        Mark Allen
                        Principal Executive Officer and
                        Principal Financial Officer
                        October __, 2005


                                       15
#### Zola E. Salsman, Plaintiff, *v.*Arthur Salsman, Defendant.

Supreme Court, Special Term, Kings County,

March 12, 1959.

*Laurence A. Kamine*for plaintiff.

*Wegman, Epstein & Burke*for defendant.

Walter E. Hart, J.

In an action for legal separation brought by plaintiff wife, in which the first four of the five causes of action pleaded in the complaint charge respectively, cruel and inhuman treatment, failure to support, adultery, and abandonment, the defendant moves for an order directing a jury trial upon all of the issues raised by the pleadings.

Granting that the fifth cause of action set out in the complaint states a cause of action in ejectment, as contended by defendant, and that the first counterclaim, also asserted as a separate defense, contained in the defendant’s amended answer, seeks the determination of a claim to real property, both of which causes, upon joinder of issue, ordinarily would entitle defendant as a matter of statutory right to a jury trial upon the issues of fact raised thereby (Civ. Prac. Act, § 424, § 425 [as amd. by L. 1943, ch. 561], § 429), it is settled that defendant has no similar right to a jury trial of the issues raised by the causes of action for legal separation pleaded in plaintiff’s complaint. *(Wise*v. *Wise,*159 App. Div. 575; *Packard*v. *Packard,*88 App. Div. 339.) Since the defendant seeks a jury trial upon all the issues raised by the pleadings and expressly indicates in his supporting affidavit that he does not desire a jury trial solely as to the conflicting claims of the parties to the subject realty, the disposition of the instant motion depends upon whether the court should, in the exercise of its discretion, grant the relief prayed for as to the issues arising out of the *843causes of action for legal separation (Civ. Prac. Act, § 430). (See *Gramling*v. *Gramling,*192 Misc. 285.)

Under the circumstances here present, the court is of the view that the motion should be denied. (See *Riesenberger*v. *Sullivan,*1 A D 2d 1049.)

While the court does not hold it to be a factor determinative of the instant motion, it takes note of the uncontradicted assertion made in the opposing affidavit that defendant has failed to make due payments of alimony since December, 1957. It would appear that the defendant, in seeking to have the court exercise its discretion in his favor, would have sought to remedy such failure before making the instant application.

Motion denied. Submit order.
Exhibit 32.1








CERTIFICATION








John C. Miller


President and Chief Executive Officer of Denny’s Corporation





and





F. Mark Wolfinger


Executive Vice President, Chief Administrative Officer and Chief Financial Officer





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 Denny’s Corporation (the “Company”) on Form 10-K for the fiscal year ended December 29, 2010 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, John C. Miller, President and Chief Executive Officer of the Company, and I, F. Mark Wolfinger, Executive Vice President, Chief Administrative Officer and Chief Financial 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 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.











Date: March 11, 2011
By:
/s/  John C. MillerJohn C. MillerPresident and Chief Executive Officer











Date: March 11, 2011
By:
/s/  F. Mark WolfingerF. Mark WolfingerExecutive Vice President,Chief Administrative Officer andChief Financial Officer








A signed original of this written statement required by Section 906, or other document authenticating, acknowledging, or otherwise adopting the signature that appears in typed form within the electronic version of this written statement required by Section 906, has been provided to Denny’s Corporation and will be retained by Denny’s Corporation and furnished to the Securities and Exchange Commission or its staff upon request.
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```

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 126 Introduced in Senate (IS)]

113th CONGRESS
  1st Session
S. RES. 126

 Recognizing the teachers of the United States for their contributions 
            to the development and progress of our country.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             April 25, 2013

Mr. Reid (for Mr. Lautenberg) submitted the following resolution; which 
was referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                               RESOLUTION

 
 Recognizing the teachers of the United States for their contributions 
            to the development and progress of our country.

Whereas education is the foundation of the current and future strength of the 
        United States;
Whereas teachers and other education staff have earned and deserve the respect 
        of students and communities for selfless dedication to children in the 
        United States;
Whereas the purpose of ``National Teacher Appreciation Week'', which is May 6, 
        2013, through May 10, 2013, is to raise public awareness of the 
        important contributions of teachers and to promote greater respect and 
        understanding for the teaching profession;
Whereas the teachers of the United States play an important role in preparing 
        children to be positive and contributing members of society; and
Whereas students, schools, communities, and a number of organizations host 
        teacher appreciation events in recognition of ``National Teacher 
        Appreciation Week'': Now, therefore, be it
    Resolved, That the Senate--
            (1) thanks teachers for their service;
            (2) promotes the profession of teaching; and
            (3) recognizes students, parents, school administrators, 
        and public officials who participate in teacher appreciation 
        events during ``National Teacher Appreciation Week''.
                                 <all>
```
Exhibit 32.2




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 this Quarterly Report of AISystems, Inc., on Form 10-Q for the period ending June 30, 2010, as filed with the Securities and Exchange Commission on the date hereof, I, Stephen C. Johnston, Chief Financial Officer of AISystems, Inc., certify to the best of my knowledge, pursuant to 18 U.S.C. Sec. 1350, as adopted pursuant to Sec. 906 of the Sarbanes-Oxley Act of 2002, that:
 
 (1)
Such Quarterly Report on Form 10-Q for the period ending June 30, 2010, 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 such Quarterly Report on Form 10-Q for the period ending June 30, 2010, fairly presents, in all material respects, the financial condition and results of operations of AISystems, Inc.
 
 
 Date: August 23, 2010                                                                             /s/Stephen C. Johnston
 Stephen C. Johnston
EXHIBIT 23



CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM



We hereby consent to the incorporation by reference in the Registration Statements on Form S-8 (No. 33-32399, No. 33-44794, No. 333-79297, No. 333-64952 and No. 333-121447) of Aztar Corporation of our reports dated February 28, 2005 relating to the consolidated financial statements, financial statement schedule, management's assessment of the effectiveness of internal control over financial reporting and the effectiveness of internal control over financial reporting, which appear in this Form 10-K.

PRICEWATERHOUSECOOPERS LLP

Phoenix, Arizona
February 28, 2005
[Federal Register Volume 77, Number 35 (Wednesday, February 22, 2012)]
[Notices]
[Page 10575]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-4247]


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

NATIONAL SCIENCE FOUNDATION


National Science Board; Sunshine Act Meetings; Notice

    The National Science Board's Executive Committee, pursuant to NSF 
regulations (45 CFR part 614), the National Science Foundation Act, as 
amended (42 U.S.C. 1862n-5), and the Government in the Sunshine Act (5 
U.S.C. 552b), hereby gives notice in regard to the scheduling of 
meetings for the transaction of National Science Board business as 
follows:

DATE AND TIME:  Monday, February 27, 2012 at 2 to 2:30 p.m., EST.

SUBJECT MATTER:  Discuss and vote on the NSF's recommendation to 
increase the amount and duration of the Alan T. Waterman Award.

STATUS:  Open.

LOCATION:  This meeting will be held by teleconference at the National 
Science Board Office, National Science Foundation, 4201 Wilson Blvd., 
Arlington, VA 22230. A public listening room will be available for this 
teleconference meeting. All visitors must contact the Board Office 
(call 703-292-7000 or send an email message to 
<a href="/cdn-cgi/l/email-protection#2b454a5f4244454a475848424e45484e49594f6b45584d054c445d"><span class="__cf_email__" data-cfemail="a7c9c6d3cec8c9c6cbd4c4cec2c9c4c2c5d5c3e7c9d4c189c0c8d1">[email protected]</span></a>) at least 24 hours prior to the 
teleconference for the public room number and to arrange for a 
visitor's badge. All visitors must report to the NSF visitor desk 
located in the lobby at the 9th and N. Stuart Streets entrance on the 
day of the teleconference to receive a visitor's badge.

UPDATES AND POINT OF CONTACT:  Please refer to the National Science 
Board Web site www.nsf.gov/nsb for additional information and schedule 
updates (time, place, subject matter or status of meeting). The point 
of contact for this meeting is: Kim Silverman, National Science Board 
Office, 4201 Wilson Blvd., Arlington, VA 22230. Telephone: 703-292-
7000.

Ann Bushmiller,
NSB Senior Legal Counsel.
[FR Doc. 2012-4247 Filed 2-17-12; 4:15 pm]
BILLING CODE 7555-01-P


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**Exhibit 31.1**

**CERTIFICATIONS**

I, James S. Quarforth, certify that: 

1. I have reviewed this quarterly report on Form 10-Q for the quarter ended March 31, 2006 of NTELOS Holdings Corp. (the “Registrant”);

2. Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessaryto make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report; 

3. Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition, results of operations and cash flows of theRegistrant as of, and for, the periods presented in this report; 

4. The Registrant’s other certifying officers and I are responsiblefor establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the Registrant and have: 

(a) Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the Registrant, includingits consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared; 

(b) [Omitted in reliance on SEC Release No. 33-8238: 34-47986 Section III-E.]; 

(c)Evaluated the effectiveness of the Registrant’s disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by thisreport based on such evaluation; and 

(d) Disclosed in this report any change in the Registrant’s internal control overfinancial reporting that occurred during the Registrant’s most recent fiscal quarter (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 officers and I have disclosed,based on our most recent evaluation of internal control over financial reporting, to the Registrant’s auditors and the audit committee of the Registrant’s board of directors (or persons performing the equivalent functions): 

(a) All significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which arereasonably likely to adversely affect the Registrant’s ability to record, process, summarize and report financial information; and 

(b) Any fraud, whether or not material, that involves management or other employees who have a significant role in the Registrant’s internal control over financial reporting. 

Date: May 12, 2006
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<PAGE>   1
WESTPOINT STEVENS INC.

Exhibit(23.1) -- Consent of Independent Auditors

We consent to the incorporation by reference in the Registration Statements
(Form S-8 No. 333-69209, Form S-8 No. 333-63339, Form S-8 No. 33-85718, Form S-8
No. 33-95580 and Form S-8 No. 333-27913) pertaining to (i) the Retirement
Savings Value Plan For Employees of WestPoint Stevens Inc. and Retirement
Savings Value Plan For Employees of Liebhardt Inc., (ii) the 1995 Key Employee
Stock Bonus Plan, (iii) the Retirement Savings Value Plan For Employees of
WestPoint Stevens Inc., (iv) the 1995 Key Employee Stock Bonus Plan and (v) the
Omnibus Stock Incentive Plan, respectively, of our report dated February 2,
2000, except for Note 13, as to which the date is March 24, 2000, with respect
to the consolidated financial statements and schedule of WestPoint Stevens Inc.
included in its Annual Report (Form 10-K) for the year ended December 31, 1999.




                                         /s/ Ernst & Young LLP

Columbus, Georgia
March 27, 2000