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NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

ABEL SANCHEZ LINARES, AKA Abel

Hernandez, AKA Angel Hernandez, AKA

Abel Sanchez, AKA Abel Linares Sanchez,

AKA Angel Sanchez,

Petitioner,

v.

WILLIAM P. BARR, Attorney General,

Respondent. No. 18

- 73031

Agency No. A205

- 311

- 710

MEMORANDUM *

On Petition for Review of an Order of the

Board of Immigration Appeals

Submitted February 4, 2020 * *

Before: FERNANDEZ, SILVERMAN, and TALLMAN, Circuit Judges.

Abel Sanchez Linares

, a native and citizen of Mexico , petitions pro se for

review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to

reconsider and reopen . Our jurisdiction is governed by 8 U.S.C. § 1252. We

* 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). 

# FILED

FEB 10 2020

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS2 18

- 73031

review for abuse of discretion the denial of a motion to reconsider or reopen

.

Mohammed v. Gonzales , 400 F.3d 785, 791 (9th Cir. 2005). We deny in part and

dismiss in part the petition for review.

The BIA did not abuse its discretion in denying Sanchez Linares ’ s motion to

reconsider because his motion failed to identify any error of fact or law in the

BIA’s prior decision denying Sanchez Linares ’ s motion to reopen as untimely

. See

8 C.F.R. § 1003.2(b)(1) (requiring identification of factual or legal error in the

prior decision ).

The BIA did not abuse its discretion in denying Sanchez Linares ’ s second

motion to reopen as untimely because the motion was filed over two years after the

order of removal became final, see 8 U.S.C. § 1229a(c)(7)(C)(i) (motion to reopen

must be filed with in 90 days of the final order of removal), and Sanchez Linares

has not established that any statutory or regulatory exception applies, see 8 U.S.C.

§ 1229a(c)(7)(C); 8 C.F.R. § 1003.2(c)(3).

We lack jurisdiction to review the BIA’s determination not to reopen

proceedings sua sponte. See Mejia

- Hernandez v. Holder , 633 F.3d 818, 823

- 24

(9th Cir. 2011) ; cf. Bonilla v. Lynch , 840 F.3d 575, 588 (9th Cir. 2016)

.

We deny Sanchez Linares’s motion to supplement the record on appeal , and

w e d o not consider the extra

- record evidence that Sanchez Linares submitted for

the first time with his opening brief. See Barrientos v. Lynch , 829 F.3d 1064,3 18

- 73031

1067 n.1 (9th Cir. 2016) (“As a general matter, we cannot consider extra

- record

evidence. We must l imit our review of the merits of [the] petition to ‘the

administrative record on which the order of removal is based.’” (citing 8 U.S.C.

§ 1252(b)(4)(A))).

PETITION FOR REVIEW DENIED in part; DISMISSED in part.
State of New York

Supreme Court, Appellate Division

Third Judicial Department

Decided and Entered: May 21, 2015 519557 

________________________________

In the Matter of SERGIO PONDER,

Petitioner,

v

MEMORANDUM AND JUDGMENT

ANTHONY J. ANNUCCI, as Acting

Commissioner of Corrections 

and Community Supervision,

Respondent.

________________________________

Calendar Date: March 31, 2015

Before: Garry, J.P., Egan Jr., Devine and Clark, JJ.

__________

Sergio Ponder, Albion, petitioner pro se.

Eric T. Schneiderman, Attorney General, Albany (Peter H.

Schiff of counsel), for respondent.

__________

Proceeding pursuant to CPLR article 78 (transferred to this

Court by order of the Supreme Court, entered in Albany County) to

review a determination of respondent which found petitioner

guilty of violating certain prison disciplinary rules.

Petitioner commenced this CPLR article 78 proceeding to

challenge a determination finding him guilty of violating certain

prison disciplinary rules. The Attorney General has advised this

Court that the determination has since been administratively

reversed, all references thereto have been expunged from

petitioner's institutional record and the mandatory $5 surcharge

has been refunded to petitioner's inmate account. In view of

this, and given that petitioner has received all the relief to

which he is entitled, the petition is dismissed as moot (see

Matter of Ramos v Department of Corr. & Community Supervision,
-2- 519557 

123 AD3d 1215, 1216 [2014]. We note that petitioner is not

entitled to be restored to his prior status (see Matter of Folk v

Annucci, 122 AD3d 977, 978 [2014). 

Garry, J.P., Egan Jr., Devine and Clark, JJ., concur.

ADJUDGED that petition is dismissed, as moot, without

costs.

ENTER:

Robert D. Mayberger

Clerk of the Court
CERTIFICATION

      I, Carey G. Birmingham, certify that:

      1. I have reviewed this quarterly report on Form 10-QSB of College Oak
Investments, Inc.;

      2. Based on my knowledge, this quarterly report does not contain any
untrue statement of a material fact or omit to state a material fact necessary
to 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
quarterly report;

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

      4. The registrant's other certifying officer and I are responsible for
establishing and maintaining disclosure controls and procedures (as defined in
Exchange Act Rules 13a-14 and 15d-14) for the registrant and we have:

            a) designed such disclosure and procedures to ensure that material
information relating to the registrant, including its consolidated subsidiaries,
is made known to us by others within those entities, particularly during the
period in which this quarterly report is being prepared;

            b) evaluated the effectiveness of the registrant's disclosure
controls and procedures as of a date within 90 days prior to the filing date of
this quarterly report (the "Evaluation Date"); and

            c) presented in this quarterly report our conclusions about the
effectiveness of the disclosure controls and procedures based on our evaluation
as of the Evaluation Date;

      5. The registrant's other certifying officer and I have disclosed, based
on our most recent evaluation, to the registrant's auditors and the audit
committee of the registrant's board of directors (or persons performing the
equivalent function):

            a) all significant deficiencies in the design or operation of
internal controls which could adversely affect the registrant's ability to
record, process, summarize and report financial data and have identified for the
registrant's auditors any material weaknesses in internal controls; and

            b) any fraud, whether or not material, that involves management or
other employees who have a significant role in the registrant's internal
controls.

<PAGE>

      6. The registrant's other certifying officer and I have indicated in this
quarterly report whether or not there were significant changes in internal
controls or in other factors that could significantly affect internal controls
subsequent to the date of our most recent evaluation, including any corrective
actions with regard to significant deficiencies and material weaknesses.


Date: November 2, 2005                          /s/ Carey G. Birmingham
                                                --------------------------------
                                                Name:  Carey G. Birmingham
                                                Title: Chief Financial Officer
**Exhibit 31.2**
**CERTIFICATION**
I, Amerisa Kornblum, certify that:
 1.  I have reviewed this quarterly report on Form 10-Q of Odimo Incorporated;  2.  Based on my knowledge, this report does not contain any untrue statement of a materialfact or omit to state a material fact necessary to make the statements made, in light ofthe circumstances under which such statements were made, not misleading with respect to theperiod 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 establishing andmaintaining 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 disclosurecontrols and procedures to be designed under our supervision, to ensure that materialinformation relating to the registrant, including its consolidated subsidiaries, ismade known to us by others within those entities, particularly during the period inwhich 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 of thedisclosure controls and procedures, as of the end of the period covered by this reportbased 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 fiscal quarter(the registrant’s fourth quarter in the case of an annual report) that has materiallyaffected, or is reasonably likely to materially affect, the registrant’s internalcontrol 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 registrant’s board of directors (or persons performingthe equivalent functions):
 a)  All significant deficiencies and material weaknesses in the design or operationof internal control over financial reporting which are reasonably likely to adverselyaffect the registrant’s ability to record, process, summarize and report financialinformation; 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: May 13, 2005 /s/ Amerisa Kornblum   Amerisa Kornblum   Chief Financial Officer
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          Submit
#### FLORIDA PATIENT’S COMPENSATION FUND, Petitioner, v. Herbert COHEN, Respondent.

No. 67742.

Supreme Court of Florida.

April 24, 1986.

*57Application for Review of the Decision of the District Court of Appeal — Certified Direct Conflict of Decisions; Fourth District — Case No. 84-835.

Steven Billing of Billing, Cochran and Heath, Fort Lauderdale, and Samuel R. Neel, III of Perkins and Collins, Tallahassee, for petitioner.

Spence, Payne, Masington, Grossman and Needle, P.A., and Joel D. Eaton of Podhurst, Orseck, Parks, Josefsberg, Eaton, Meadow and Olin, Miami, for respondent.

SHAW, Justice.

We review *Cohen v. Baxt,*473 So.2d 1340 (Fla. 4th DCA 1985), because of direct and express conflict with *Taddiken v. Florida Patient’s Compensation Fund,*478 So.2d 1058 (Fla.1985). We have jurisdiction.- Art. V, § 3(b)(3), Fla. Const.

The district court below held, inter alia,’ that the two-year statute of limitations for medical malpractice claims, section 95.11(4)(b), Florida Statutes (1983), was not applicable to complaints against the Florida Patient’s Compensation Fund. Respondent concedes this was error. We disapprove this portion of the decision below on the authority of *Taddiken.*

As an alternative ground, the district court also held, assuming section 95.-11(4)(b) was applicable, that there was a genuine, material issue of fact as to when respondent discovered his cause of action and thus, whether the cause of action was filed within the two-year limitation. Accordingly, in the district court view, the trial court erred in granting summary judgment to petitioner based on the statute of limitations. We see no error in the district court holding on this point and approve this portion of the decision.

The case is remanded for proceedings consistent with this opinion.

It is so ordered.

BOYD, C.J., and ADKINS, OVERTON, MCDONALD and EHRLICH, JJ., concur.
III

107TH CONGRESS

2D SESSION H. CON. RES. 314

IN THE SENATE OF THE UNITED STATES

MAY 21, 2002

Received and referred to the Committee on the Judiciary

CONCURRENT RESOLUTION

Recognizing the members of AMVETS for their service to

the Nation and supporting the goal of AMVETS National Charter Day.

Whereas on July 23, 1947, AMVETS (American Veterans of

World War II, Korea, and Vietnam) was chartered by the

United States as a not-for-profit corporation;

Whereas membership in AMVETS is open to veterans who

have honorably served, or are serving, in the Armed

Forces, including the Coast Guard, National Guard, and

Reserves, during or since World War II;
2

HCON 314 RFS

Whereas the veterans of the Armed Forces have made great

sacrifices to ensure the peace and security of the United

States;

Whereas the members of AMVETS are dedicated to providing important services to their local communities and

to their fellow veterans;

Whereas the motto of AMVETS is ‘‘We fought together, now

let’s build together’’;

Whereas the members of AMVETS consistently honor that

motto through countless hours of patriotic service, including providing services to hospitalized veterans, assisting

veterans with their problems regarding housing and employment, marching in parades, participating in color

guards and burial details, and educating the Nation’s

youth;

Whereas the war on terrorism has emphasized the sacrifices

that veterans have made, and continue to make, for the

benefit of the Nation;

Whereas AMVETS has designated July 23 as AMVETS National Charter Day; and

Whereas the goal of AMVETS National Charter Day is to

raise public awareness regarding AMVETS’s commitment

and service to veterans, the families of veterans, and the

Nation: Now, therefore, be it

1 Resolved by the House of Representatives (the Senate

2 concurring), That Congress recognizes the members of

3 AMVETS (American Veterans of World War II, Korea,
3

HCON 314 RFS

1 and Vietnam) for their service to the Nation and supports

2 the goal of AMVETS National Charter Day.

Passed the House of Representatives May 20, 2002.

Attest: JEFF TRANDAHL,

Clerk.
-78.0 -77.5 -77.0 -76.5

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18 12 06 00

06/11

NOAA HYSPLIT MODEL

 Backward trajectory ending at 2300 UTC 11 Jun 07

 EDAS Meteorological Data

Source

★ at 38.48 N 77.37 W Meters AGL

★

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●
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 American Patriot Financial Group, Inc.
(the “Company”) on Form 10-Q for the quarter ended September 30, 2009, as filed
with the Securities and Exchange Commission on the date hereof (the “Report”),
I, T. Don Waddell, 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:




(1) The
Report fully complies with the requirements of section 13(a) or 15(d) of the
Securities and 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/ T.
      Don WaddellT.
      Don Waddell
              Chief
      Financial Officer
              November
      16, 2009
```

[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 394 Engrossed in House (EH)]

  2d Session

                            H. CON. RES. 394

_______________________________________________________________________

                         CONCURRENT RESOLUTION

Expressing the sense of the Congress concerning the 2002 World Cup and 
                 co-hosts Republic of Korea and Japan.
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
107th CONGRESS
  2d Session
H. CON. RES. 394

_______________________________________________________________________

                         CONCURRENT RESOLUTION

Whereas the United States has developed close relationships with the Republic of 
        Korea and Japan;
Whereas the Republic of Korea and Japan have been close allies with the United 
        States in the war against terrorism;
Whereas the Republic of Korea and Japan will co-host the 2002 Federation 
        International Football Association (FIFA) World Cup Korea/Japan;
Whereas the 2002 FIFA World Cup Korea/Japan will be the first FIFA World Cup to 
        be held in Asia;
Whereas 32 nations have been qualified to compete from May 31 through June 30 of 
        2002, and will send some 1,500 coaches and athletes to the Republic of 
        Korea and Japan, making this year's World Cup the largest ever;
Whereas the Korean and Japanese organizing committees for the 2002 FIFA World 
        Cup Korea/Japan have effectively directed the preparations for 
        unprecedented security precautions in both host nations;
Whereas during the 2002 FIFA World Cup Korea/Japan, billions of people are 
        expected to view the competition;
Whereas the co-hosting of the FIFA World Cup by the Republic of Korea and Japan 
        symbolizes the friendly relations between the two host nations, both key 
        allies of the United States; and
Whereas the co-hosting of this international sporting event contributes to 
        enhancing peace and stability in Northeast Asia: Now, therefore, be it
    Resolved by the House of Representatives (the Senate concurring), 
That Congress--
            (1) appreciates the mutually beneficial relationship 
        between the United States and the Republic of Korea and the 
        United States and Japan;
            (2) commends the Republic of Korea/Japan 2002 FIFA World 
        Cup organizers for the attention they have given to security 
        precautions during the event; and
            (3) recognizes and applauds the cooperation of the 
        President of the Republic of Korea, Kim Dae-jung, and the Prime 
        Minister of Japan, Junichiro Koizumi, in the hosting of the 
        largest and most widely viewed World Cup competition in the 
        history of the sport.

            Passed the House of Representatives June 11, 2002.

            Attest:

                                                                 Clerk.
```
**EXHIBIT 35.1**

 

**SERVICER COMPLIANCE STATEMENT**

**New Holland Credit Company, LLC**

 

The undersigned, a duly authorized officer ofNew Holland Credit Company, LLC (“NHCC”), as Servicer pursuant to the Sale and Servicing Agreement dated as of July 1, 2021(as amended from time to time, the “Sale and Servicing Agreement”) by and among NHCC, CNH Capital Receivables LLC and CNHEquipment Trust 2021-B, does hereby certify that:

 

1.            NHCC is Servicer under the Sale and Servicing Agreement.

 

2.            The undersigned is duly authorized as required pursuant to the Sale and Servicing Agreement to execute and deliver this Certificate tothe Indenture Trustee.

 

3.            This Certificate is delivered pursuant to Section 4.9(a) of the Sale and Servicing Agreement and Item 1123 of Regulation AB.

 

4.            A review of the Servicer’s activities during the 12 month period ending (and including) December 31, 2023 and of its performanceunder the Sale and Servicing Agreement has been made under my supervision.

 

5.            To the best of my knowledge, based on such review, the Servicer has fulfilled all of its obligations under the Sale and Servicing Agreementin all material respects throughout the 12 month period ending (and including) December 31, 2023.

 

6.            IN WITNESS WHEREOF, the undersigned has duly executed this Certificate this 27th day of March, 2024.

 

 

 

 

March 27, 2024
Exhibit 32.2



CERTIFICATION PURSUANT TO SECTION 906

OF THE SARBANES-OXLEY ACT



In connection with the Quarterly Report of Eagle Hospitality Properties Trust, Inc. (the Company) on Form 10-Q for the period ended September 30, 2005 as filed with the Securities and Exchange Commission on the date
hereof (the Report), I, Raymond D. Martz, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 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/ Raymond D. Martz                            
|Raymond D. Martz                                
|Chief Financial Officer, Secretary and Treasurer
|October 31, 2005