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NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

GERVACIA ANDRES VARGAS; 

AGUSTIN DANILLO AGUSTIN 

ANDRES; F.E.A.A., a minor, 

Petitioners, 

 v. 

MERRICK B. GARLAND, Attorney 

General, 

Respondent.

No. 20-71478 

Agency Nos. A208-123-942

 A208-123-943

 A208-123-944

MEMORANDUM*

On Petition for Review of an Order of the

Board of Immigration Appeals

Submitted December 8, 2022

**

San Francisco, California

Before: NGUYEN and SANCHEZ, Circuit Judges, and BOUGH,*** District Judge.

Gervacia Andres Vargas (“Andres Vargas”), a native and citizen of 

* 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).

*** The Honorable Stephen R. Bough, United States District Judge for the 

Western District of Missouri, sitting by designation.

FILED

DEC 22 2022

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 20-71478

Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) 

order denying her requests for asylum, withholding of removal, and protection 

under the Convention Against Torture (“CAT”). Andres Vargas’s two children are 

also petitioners. The children’s claims are based on the same facts and 

circumstances as Andres Vargas’s, and we refer to Vargas in resolving all 

petitioners’ claims. We have jurisdiction under 8 U.S.C. § 1252. We review the 

BIA’s determinations for substantial evidence. Diaz-Jimenez v. Sessions, 902 F.3d 

955, 958 (9th Cir. 2018). We deny the petition for review. 

1. The immigration court did not lack jurisdiction over removal 

proceedings. Andres Vargas’s argument that the immigration court lacked 

jurisdiction under Pereira v. Sessions, 138 S. Ct. 2105 (2018), because the Notices 

to Appear in this case lacked hearing times, dates, and locations is foreclosed by 

our precedent. United States v. Bastide-Hernandez, 39 F.4th 1187 (9th Cir. 2022) 

(en banc).

2. Substantial evidence supports the BIA’s determination that Andres 

Vargas failed to establish a nexus to a protected ground because the record shows 

that any harm Andres Vargas experienced arose over a personal land dispute 

and/or a criminal motive. Andres Vargas admits that she left Guatemala and fears 

returning due to a dispute over land ownership with her husband’s uncle. “An 

alien’s desire to be free from harassment by criminals motivated by theft . . . bears 
3 20-71478

no nexus to a protected ground.” Zetino v. Holder, 622 F.3d 1007, 1016 (9th Cir. 

2010). 

3. Substantial evidence supports the determination that Andres Vargas 

failed to show internal relocation would be unreasonable. See 8 C.F.R § 

1208.13(b)(2)(ii), (b)(3). Evidence shows that Andres Vargas’s father-in-law, who 

was also threatened, successfully relocated within Guatemala without harm. The 

record does not compel a conclusion that internal relocation would be 

unreasonable. 

PETITION DENIED.
May 6, 2015 

The Honorable Anthony R. Foxx 

Secretary of Transportation 

US Department of Transportation 

1200 New Jersey Ave SE 

Washington, DC 20590 

The Honorable John F. Kerry 

Secretary of State 

US Department of State 

2201 C Street NW 

Washington, DC 20520 

Dear Secretaries Kerry and Foxx: 

As you know, Traverse City is one of the most beautiful and widely visited parts of 

Michigan. According to a 2013 study by the Anderson Economic Group, 

• "Over 3.3 million visitor trips were made to the area; 

• These trips resulted in $1.18 billion in direct spending to area businesses, 

• Tourism is responsible for creating and maintaining nearly 12,000 jobs; • Tourism generated more than $1.23 billion in economic activity for the Traverse City 

area." 

Further, the study cites, almost $67 million in sales tax revenue has been generated from 

tourism throughout the State of Michigan. 

That is why I am extremely concerned to hear that Open Skies Agreements, which set a level 

playing field for airline carriers around the world, are being undercut by Qatar Airways, 

Etihad Airways and Emirates Airline. This is due to the fact they are receiving billions of 

202 E. Grandview Parkway • Traverse City, Ml49684 • Phone: 231-947-5075 • Fax 231-946-2565 

www.tcchamberorg • E-mail: info@tcchamberorg 
Thank you very much 

Oblinger 

Executive Director 

your consideration. 

cc: Senator Gary Peters 

Senator Debbie Stabenow 

Representative Dan Benishek
Summary of Phone Conversation with the South Coast Air Quality Management District

Phone conversation between Nicole Law (EPA), Stanley Tong (EPA), and Eugene Teszler (SCAQMD) on September 7, 2011 at approximately 2:00 pm.

Eugene Teszler gave a summary of the coke drum processes. In this discussion, he described the types of pollutants that can be released every time the drum is opened which include VOCs, PM,

and HAPS. One method of controlling such emissions would be requiring the vess els to lower the pressure as much as possible before the drums are opened . One facility in the district currently achieves this and has 2 psig in their permit. Eugene then went on to describe his knowledge of what was occurring at the national level. He was aware that Brenda Shine (EPA)

sent out CAA 114 letters at the beginning of the year requesting for source testing from facilities regarding their coke drum emissions. The SCAQMD is in the processing of developing a rule for controlling this process, but is currently awaiting the results of the national survey /source testing to determine what the potential emission reductions could be . The district would like to determine if it would be cost effective to implement a rule.
PD No: ------

DAVID GLYNN NUNN, JR. IN THE TEXAS COURT 

vs. OF CRIMINAL APPEALS 

STATE OF TEXAS AUSTIN, TEXAS 

MOTION FOR EXTENSION OF TIME TO FILE 

APPELLANT'S PRO-SE PETITION FOR DISCRETIONARY REVIEW 

TO THE HONORABLE TIJDGES OF SAID COURT: 

COMES NOW, Appellant, by and through the undersigned attorney, who has 

personal knowledge of the matters contained herein, and files this Motion for Extension of 

Time to File Appellant's Pro-Se Petition for Discretionary Review, and in support thereof 

would show: 

I. 

Appellant was convicted of fraudulent use or possession of identifying information 

of the elderly and sentenced to 18 years in the Texas Department of Criminal Justice -

Institutional. The trial court was the 337th District Court of Harris County, Texas. The 

trial court cause number was: 1420647. On April 9, 2015, the Fourteenth Court of Appeals 

in Houston, Texas, affirmed appellant's conviction in appellate cause number: 

14-14-007 04-CR. 

II. 

The current deadline for filing appellant's petition for discretionary review is May 

11, 2015. 

PD-0402-15

COURT OF CRIMINAL APPEALS

AUSTIN, TEXAS

Transmitted 4/9/2015 10:43:51 AM

Accepted 4/15/2015 2:29:52 PM

ABEL ACOSTA

CLERK
III. 

No previous extension of time to file petitions for discretionary review has been 

requested by appellant. 

IV. 

The undersigned is not pursuing further appellate review on behalf of Mr. Nunn. The 

undersigned is notifying appellant of his right to pursue a petition for discretionary review. 

v. 

Appellant is requesting an additional thirty (30) day extension until June 11 , 2015 , 

in which to file his pro-se petition for discretionary review in this matter. 

VI. 

This request is not made for the purpose of delay but to insure Appellant's right to 

appellate review in this matter. 

VIL 

Appellant's last known address within the Texas Department of Criminal Justice is: 

Mr. David Glynn Nunn, Jr. 

TDCJ-ID # 1946852 

Garza East Transfer Facility 

4304 Highway 202 

Beeville, Texas 78102-8981 

WHEREFORE, PREMISES CONSIDERED, the undersigned prays that the Court 

grant this Motion for Extension of Time to File Appellant's Pro-Se Petition for 

Discretionary Review until June 11, 2015. 
Respectfully submitted, 

WayneT.H~ ta~ SBOT: 09656300 

4615 Southwest Freeway, Suite 600 

Houston, Texas 77027 

(713) 623-8312 

CERTIFICATE OF SERVICE 

On April 9, 2015, a true and correct copy of this motion was mailed to: 

Harris County District Attorney's Office 

Appellate Division 

1201 Franklin, 6th Floor 

Houston, Texas 77002 

Mr. David Glynn Nunn, Jr. 

(Address noted above)
# C_2012326EN.01004701.xml

| 26.10.2012 | EN | Official Journal of the European Union | C 326/1 |
| --- | --- | --- | --- |

26.10.2012

EN

Official Journal of the European Union

C 326/1

---

CONSOLIDATED VERSION OF THE TREATY ON THE FUNCTIONING OF THE EUROPEAN UNION

CONSOLIDATED VERSION OF THE TREATY ON THE FUNCTIONING OF THE EUROPEAN UNION

PART ONE

PRINCIPLES

PRINCIPLES

Article 1

1.   This Treaty organises the functioning of the Union and determines the areas of, delimitation of, and arrangements for exercising its competences.

2.   This Treaty and the Treaty on European Union constitute the Treaties on which the Union is founded. These two Treaties, which have the same legal value, shall be referred to as ‘the Treaties’.

---
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-15-00207-CV

In re Sister Jan E. Renz, 

Independent Executor of the Estate of Bernice Morene Ille, Deceased, Relator

ORIGINAL PROCEEDING FROM TRAVIS COUNTY

O R D E R

PER CURIAM

Relator SisterJan E. Renz hasfiled a petition for writ of mandamus and an emergency

motion for temporary relief. See Tex. R. App. P. 52.8, 52.10. We grant relator’s emergencymotion

and stay (1) the trial court’s order granting real party in interest Ken Ille’s motion to enforce the

mediated settlement agreement, which was signed on March 23, 2015, and (2) the trial court’s order

granting real party in interest Ken Ille’s motion to enforce the March 23, 2015 order, which was

signed on April 2, 2015, pending further order of this Court. Further, the Court orders real party in

interest Ken Ille to file a response to the petition for writ of mandamus on or before April 17, 2015.

It is so ordered on April 8, 2015.

Before Chief Justice Rose, Justices Goodwin and Field
<PAGE>

                                EXHIBIT (10)(a)

                        CONSENT OF INDEPENDENT AUDITORS
<PAGE>

                        Consent of Independent Auditors



We consent to the reference to our firm under the caption "Independent Auditors"
in the Statements of Additional Information and to the use of our reports
(1) dated February 1, 2002 with respect to the financial statements of certain
subaccounts of Transamerica Life Insurance Company Separate Account VA B, which
are available for investment by contract owners of the Transamerica Landmark
Variable Annuity, (2) dated February 1, 2002 with respect to the financial
statements of certain subaccounts of Transamerica Life Insurance Company
Separate Account VA B, which are available for investment by contract owners of
the Transamerica Landmark ML Variable Annuity and (3) dated February 15, 2002
with respect to the statutory-basis financial statements and schedules of
Transamerica Life Insurance Company, included in Post-Effective Amendment No. 30
to the Registration Statement (Form N-4 No. 33-33085) and related Prospectus of
the Transamerica Landmark Variable Annuity.


                                                           /s/ Ernst & Young LLP

Des Moines, Iowa
April 25, 2002
##### 



AMENDMENT NO. 2
TO THE
SPECIALTY UNDERWRITERS ALLIANCE, INC.
PARTNER AGENT PROGRAM AGREEMENT
    Program Description
    
    Line of Business
    
    Maximum Rate of CommissionE-comp.
    
    Workers Comp.
    
    15% for new business; 12% for
renewal business effective January 1, 2006.Intermodal/Trucking
produced solely through
RSI Insurance Brokers, Inc.
    
    Auto, General Liability and
Garage Liability
    
    15%
  SPECIALTY UNDERWRITERS ALLIANCE, INC.By:
    
    /s/ COURTNEY C. SMITHName: Courtney C. SmithTitle: President and CEOAMERICAN TEAM MANAGERSBy:
    
    /s/ CHRIS MICHAELSName: Chris MichealsTitle: President and CEO
MANDATE

Court of Appeals 

First District of Texas 

NO. 01-12-01145-CR

JAY SCOTT GARRISON, JR., Appellant

V.

THE STATE OF TEXAS, Appellee

Appeal from the 178th District Court of Harris County (Tr. Ct. No. 1278460).

TO THE 178TH DISTRICT COURT OF HARRIS COUNTY, GREETINGS:

Before this Court, on the 26th day of June, 2014, the cause upon appeal to revise 

or to reverse your judgment was determined. This Court made its order in these words:

The cause heard today by the Court is an appeal from the trial court’s 

judgment of December 10, 2012. After inspecting the record of the court 

below, it is the opinion of this Court that there is no reversible error in the 

judgment. It is therefore CONSIDERED, ADJUDGED, and ORDERED

that the judgment of the court below be affirmed.

The Court orders that this decision be certified below for observance.

Judgment rendered June 26, 2014.

Per curiam opinion delivered by panel consisting of Justices Keyes, Sharp, 

and Huddle.
WHEREFORE, WE COMMAND YOU to observe the order of our said Court 

in this behalf and in all things to have it duly recognized, obeyed, and executed.

April 17, 2015 

Date CHRISTOPHER A. PRINE

 CLERK OF THE COURT
1

IN THE COURT OF APPEALS OF THE STATE OF IDAHO

Docket No. 42584

STATE OF IDAHO,

Plaintiff-Respondent,

v.

CONRAD FREDERICK SMITH,

Defendant-Appellant.

)

)

)

)

)

)

)

)

)

)

2015 Unpublished Opinion No. 470

Filed: April 17, 2015

Stephen W. Kenyon, Clerk

THIS IS AN UNPUBLISHED

OPINION AND SHALL NOT

BE CITED AS AUTHORITY

Appeal from the District Court of the Fourth Judicial District, State of Idaho, Ada

County. Hon. Steven J. Hippler, District Judge. 

Judgment of conviction and consecutive unified sentences of twelve years with 

three years determinate for sexual battery of a minor child sixteen or seventeen 

years of age and eighteen years with seven years determinate for lewd conduct

with a minor under sixteen, affirmed. 

Sara B. Thomas, State Appellate Public Defender; Maya P. Waldron, Deputy 

Appellate Public Defender, Boise, for appellant. 

Hon. Lawrence G. Wasden, Attorney General; Lori A. Fleming, Deputy Attorney 

General, Boise, for respondent. 

Before MELANSON, Chief Judge; LANSING, Judge;

and GUTIERREZ, Judge

PER CURIAM 

Conrad Frederick Smith was convicted of one count of sexual battery of a minor child 

sixteen or seventeen years of age, Idaho Code § 18-1508A(1)(a), and one count of lewd conduct 

with a minor under sixteen, I.C. § 18-1508. The district court imposed consecutive unified 

sentences of twelve years with three years determinate for sexual battery and eighteen years with 

seven years determinate for lewd conduct. Smith appeals, contending that his sentences are

excessive.
2

Sentencing is a matter for the trial court’s discretion. Both our standard of review and the 

factors to be considered in evaluating the reasonableness of the sentence are well established and 

need not be repeated here. See State v. Hernandez, 121 Idaho 114, 117-18, 822 P.2d 1011, 1014-

15 (Ct. App. 1991); State v. Lopez, 106 Idaho 447, 449-51, 680 P.2d 869, 871-73 (Ct. App. 

1984); State v. Toohill, 103 Idaho 565, 568, 650 P.2d 707, 710 (Ct. App. 1982). When reviewing 

the length of a sentence, we consider the defendant’s entire sentence. State v. Oliver, 144 Idaho 

722, 726, 170 P.3d 387, 391 (2007). Applying these standards, and having reviewed the record 

in this case, we cannot say that the district court abused its discretion.

Therefore, Smith’s judgment of conviction and sentences are affirmed.
Exhibit
No. 23(c)





CONSENT
OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM





We
consent to the incorporation by reference in Registration Statement No.
333-155418-01 on Form S-3 of our report dated March 2, 2009, relating to the
financial statements and financial statement schedule of Florida Power
Corporation d/b/a Progress Energy Florida, Inc. (PEF) (which report expresses an
unqualified opinion and includes an explanatory paragraph concerning the
adoption of new accounting principles in 2008, 2007 and 2006), appearing in this
Annual Report on Form 10-K of PEF for the year ended December 31,
2008.





/s/
Deloitte & Touche LLP








Raleigh,
North Carolina


March 2,
2009
<TABLE> <S> <C>

<ARTICLE>                                      UT
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED
FROM (CONSOLIDATED INTERIM FINANCIAL STATEMENTS AS OF DECEMBER 31,
1997) AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH
FINANCIAL STATEMENTS.
</LEGEND>
<CIK>                                          0000017797
<NAME>                                         CAROLINA POWER & LIGHT COMPANY
<MULTIPLIER>                                   1,000
<CURRENCY>                                     U.S. Dollars
       
<S>                                            <C>
<PERIOD-TYPE>                                  YEAR
<FISCAL-YEAR-END>                              DEC-31-1997
<PERIOD-START>                                 JAN-01-1997
<PERIOD-END>                                   DEC-31-1997
<EXCHANGE-RATE>                                1
<BOOK-VALUE>                                   PER-BOOK
<TOTAL-NET-UTILITY-PLANT>                      $6,293,510
<OTHER-PROPERTY-AND-INVEST>                    $256,291
<TOTAL-CURRENT-ASSETS>                         $734,806
<TOTAL-DEFERRED-CHARGES>                       $479,509 
<OTHER-ASSETS>                                 $211,089
<TOTAL-ASSETS>                                 $8,220,728
<COMMON>                                       $1,205,716
<CAPITAL-SURPLUS-PAID-IN>                      ($790)
<RETAINED-EARNINGS>                            $1,613,881
<TOTAL-COMMON-STOCKHOLDERS-EQ>                 $2,818,807
<PREFERRED-MANDATORY>                          $0
<PREFERRED>                                    $59,376
<LONG-TERM-DEBT-NET>                           $2,415,656
<SHORT-TERM-NOTES>                             $0
<LONG-TERM-NOTES-PAYABLE>                      $0
<COMMERCIAL-PAPER-OBLIGATIONS>                 $0
<LONG-TERM-DEBT-CURRENT-PORT>                  $207,979
<PREFERRED-STOCK-CURRENT>                      $0
<CAPITAL-LEASE-OBLIGATIONS>                    $0
<LEASES-CURRENT>                               $0
<OTHER-ITEMS-CAPITAL-AND-LIAB>                 $2,718,910
<TOT-CAPITALIZATION-AND-LIAB>                  $8,220,728
<GROSS-OPERATING-REVENUE>                      $3,024,089
<INCOME-TAX-EXPENSE>                           $253,048
<OTHER-OPERATING-EXPENSES>                     $2,228,454
<TOTAL-OPERATING-EXPENSES>                     $2,481,502
<OPERATING-INCOME-LOSS>                        $542,587
<OTHER-INCOME-NET>                             $23,018
<INCOME-BEFORE-INTEREST-EXPEN>                 $565,605
<TOTAL-INTEREST-EXPENSE>                       $177,288
<NET-INCOME>                                   $388,317
<PREFERRED-STOCK-DIVIDENDS>                    $6,052
<EARNINGS-AVAILABLE-FOR-COMM>                  $382,265
<COMMON-STOCK-DIVIDENDS>                       $272,011
<TOTAL-INTEREST-ON-BONDS>                      $163,468
<CASH-FLOW-OPERATIONS>                         $818,045
<EPS-PRIMARY>                                  2.66
<EPS-DILUTED>                                  2.66
        

</TABLE>
Exhibit 31.2

CERTIFICATIONS

I, Craig A. Waltzer, Chief Financial Officer of Aventura Holdings, Inc., certify that:



| | 1. | I have reviewed this Quarterly Report on Form 10-Q of Aventura Holdings, Inc.;
| | -- | ------------------------------------------------------------------------------

2. Based on my knowledge, this 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 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 the registrant as of, and for, the periods presented in this 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-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, including its consolidated subsidiaries, is made known to us by others within those
entities, particularly during the period in which this report is being prepared;

b) 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 this report, based on such evaluation; and

c) Disclosed in this report any changes in the registrants internal control over financial 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, the registrants internal control over financial reporting; and

5. The registrants other certifying officer 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 are reasonably
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 14, 2007 |  |  |  | /s/ Craig A. Waltzer   
|                   |  |  |  | Craig A. Waltzer       
|                   |  |  |  | Chief Financial Officer
EXHIBIT 23.2





CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM





We have issued our report dated February 18, 2013, with respect to the consolidated financial statements of Kreher Steel Company, LLC, included in the Annual Report of A.M. Castle & Co. on Form 10-K for the year ended December 31, 2012. We hereby consent to the incorporation by reference of said report in the Registration Statements of A.M. Castle & Co. on Form S-3 (File No. 333-02519, 333-87254, 333-106709 and 333-142337, effective April 15, 1996, April 30, 2002, July 01, 2003 and April 24, 2007, respectively) and on Form S-8 (File No. 33-30545, 33-37818, 333-118030, 333-118031, 333-154915, 333-160942, and 333-174174 effective August 21, 1989, November 14, 1990, August 09, 2004, August 09, 2004, October 31, 2008, July 31, 2009, and May 13, 2011, respectively).





/s/ GRANT THORNTON LLP





Chicago, Illinois


March 11, 2013





EX-1-