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NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

LEONARDO MARTINEZ-VALLES, 

Petitioner, 

 v. 

JEFFERSON B. SESSIONS III, Attorney 

General, 

Respondent.

No. 15-71313

Agency No. A070-289-860

MEMORANDUM*

On Petition for Review of an Order of the

Board of Immigration Appeals

Submitted December 5, 2017**

San Francisco, California

Before: OWENS and FRIEDLAND, Circuit Judges, and BUCKLO,*** District 

Judge.

Petitioner Leonardo Martinez-Valles, a native and citizen of El Salvador,

petitions for review of a Board of Immigration Appeals (“BIA”) decision affirming 

 

* This disposition is not appropriate for publication and is not precedent 

except as provided by Ninth Circuit Rule 36-3.

** The panel unanimously concludes that this case is suitable for 

decision without oral argument. See Fed. R. App. P. 34(a)(2).

*** The Honorable Elaine E. Bucklo, United States District Judge for the 

Northern District of Illinois, sitting by designation.

FILED

DEC 15 2017

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 

an Immigration Judge’s determination that Petitioner withdrew an earlier appeal 

pursuant to 8 C.F.R. § 1003.4. We have jurisdiction pursuant to 8 U.S.C. § 1252

and deny the petition. 

We review questions of law de novo. Hamazaspyan v. Holder, 590 F.3d 744, 

747 (9th Cir. 2009). The BIA did not err in deeming Petitioner’s first appeal to the 

BIA withdrawn because it is undisputed that Petitioner voluntarily departed the 

United States while his appeal of a removal order was pending. Under 8 C.F.R. § 

1003.4, this departure constitutes a withdrawal of his appeal. See Aguilera-Ruiz v. 

Ashcroft, 348 F.3d 835, 839 (9th Cir. 2003). 

Petitioner’s contention that his due process rights were violated due to 

insufficient notice fails because Petitioner admits that he received two separate 

notices warning him that departing the United States might lead to withdrawal of 

his appeal. Although the notices Petitioner received were not identical—the first 

warned that departure “may” lead to withdrawal, while the latter warned that 

departure “will” lead to withdrawal—the difference between them is immaterial. 

Both notices conveyed a general advisory of 8 C.F.R. § 1003.4’s consequences and

were not contradictory. Because Petitioner received adequate notice of the rule, his 

due process challenge fails. Cf. Martinez-de Bojorquez v. Ashcroft, 365 F.3d 800, 

806 (9th Cir. 2004) (application of 8 C.F.R. § 1003.4 “without any notice 

whatsoever” can violate due process in some circumstances). That the BIA did not 
3 

specifically cite the earlier notice in its decision does not change this result. See 

Ramirez-Villalpando v. Holder, 645 F.3d 1035, 1040 (9th Cir. 2011) (“The BIA is 

not required to ‘expressly parse or refute on the record each individual argument or 

piece of evidence offered by the petitioner.’” (quoting Wang v. Bd. of Immigration 

Appeals, 437 F.3d 270, 275 (2d Cir. 2006))).

PETITION FOR REVIEW DENIED.
OFFICE OFTHEATTORNEY GENERALoFTEXAS 

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_______________________________________ __ Michigan Supreme Court 

# Order

Lansing, Michigan

October 31, 2006 Clifford W. Taylor, Chief Justice
131714 Michael F. Cavanagh Elizabeth A. Weaver Marilyn Kelly Maura D. Corrigan Robert P. Young, Jr. ROCHELLE GILL, Persona l Representative of Stephen J. Markman, the Estate of JOHN GILL, Justices Plaintiff-Appellant,

v SC: 131714 COA: 267078 Kalamazoo CC: 04-000597-NO CITY OF KALAMAZOO, Defendant,

and

STACEY GEIK, Defendant-Appellee.

________________ _______________ __________/

On order of the Court, the application for leave to appeal the June 15, 2006 judgment of the Court of Appeals is consid ered, and it is DENIED, because we are not persuaded that the question presented shou ld be reviewed by this Court.

s1023 I, Corbin R. Davis, Clerk of the Mi chigan Supreme Cour t, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

October 31, 2006

Clerk
**EXHIBIT32**

 

**SECTION 1350 CERTIFICATIONS**

 

Each of theundersigned hereby certifies that to his knowledge the quarterly report on Form10-Q for the fiscal period ended September 30, 2007 of Allstate Life InsuranceCompany filed with the Securities and Exchange Commission fully complies withthe requirements of Section 13(a) or 15(d) of the Securities Exchange Act of1934 and that the information contained in such report fairly presents, in allmaterial respects, the financial condition and result of operations of AllstateLife Insurance Company.

 

 

November 5, 2007                                                                         

                                                                                                        /s/James E. Hohmann 

                                                                                                        JamesE. Hohmann

                                                                                                        President and Chief Executive Officer

                                                                                                        

                                                                                                        /s/John C. Pintozzi 

                                                                                                        John C. Pintozzi

                                                                                                        Senior Vice President and Chief FinancialOfficer

 

 

 

E-5

----
# C_2014240EN.01001601.xml

| 24.7.2014 | EN | Official Journal of the European Union | C 240/16 |
| --- | --- | --- | --- |

24.7.2014

EN

Official Journal of the European Union

C 240/16

---

Euro exchange rates (1)

1

23 July 2014

2014/C 240/06

1 euro =

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,3465 |
| JPY | Japanese yen | 136,51 |
| DKK | Danish krone | 7,4569 |
| GBP | Pound sterling | 0,79080 |
| SEK | Swedish krona | 9,2016 |
| CHF | Swiss franc | 1,2150 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 8,3235 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 27,454 |
| HUF | Hungarian forint | 307,15 |
| LTL | Lithuanian litas | 3,4528 |
| PLN | Polish zloty | 4,1340 |
| RON | Romanian leu | 4,4228 |
| TRY | Turkish lira | 2,8204 |
| AUD | Australian dollar | 1,4248 |
| CAD | Canadian dollar | 1,4436 |
| HKD | Hong Kong dollar | 10,4362 |
| NZD | New Zealand dollar | 1,5501 |
| SGD | Singapore dollar | 1,6674 |
| KRW | South Korean won | 1 378,93 |
| ZAR | South African rand | 14,1759 |
| CNY | Chinese yuan renminbi | 8,3475 |
| HRK | Croatian kuna | 7,6210 |
| IDR | Indonesian rupiah | 15 473,21 |
| MYR | Malaysian ringgit | 4,2654 |
| PHP | Philippine peso | 58,183 |
| RUB | Russian rouble | 46,9397 |
| THB | Thai baht | 42,813 |
| BRL | Brazilian real | 2,9864 |
| MXN | Mexican peso | 17,4173 |
| INR | Indian rupee | 80,8573 |

Currency

Exchange rate

USD

US dollar

1,3465

JPY

Japanese yen

136,51

DKK

Danish krone

7,4569

GBP

Pound sterling

0,79080

SEK

Swedish krona

9,2016

CHF

Swiss franc

1,2150

ISK

Iceland króna

NOK

Norwegian krone

8,3235

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

27,454

HUF

Hungarian forint

307,15

LTL

Lithuanian litas

3,4528

PLN

Polish zloty

4,1340

RON

Romanian leu

4,4228

TRY

Turkish lira

2,8204

AUD

Australian dollar

1,4248

CAD

Canadian dollar

1,4436

HKD

Hong Kong dollar

10,4362

NZD

New Zealand dollar

1,5501

SGD

Singapore dollar

1,6674

KRW

South Korean won

1 378,93

ZAR

South African rand

14,1759

CNY

Chinese yuan renminbi

8,3475

HRK

Croatian kuna

7,6210

IDR

Indonesian rupiah

15 473,21

MYR

Malaysian ringgit

4,2654

PHP

Philippine peso

58,183

RUB

Russian rouble

46,9397

THB

Thai baht

42,813

BRL

Brazilian real

2,9864

MXN

Mexican peso

17,4173

INR

Indian rupee

80,8573

---

(1)  Source: reference exchange rate published by the ECB.

1

Source

---
# C_2015299EN.01000601.xml

| 11.9.2015 | EN | Official Journal of the European Union | C 299/6 |
| --- | --- | --- | --- |

11.9.2015

EN

Official Journal of the European Union

C 299/6

---

Euro exchange rates (1)

1

10 September 2015

(2015/C 299/03)

1 euro =

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,1185 |
| JPY | Japanese yen | 135,38 |
| DKK | Danish krone | 7,4611 |
| GBP | Pound sterling | 0,72655 |
| SEK | Swedish krona | 9,4001 |
| CHF | Swiss franc | 1,0923 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 9,1760 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 27,038 |
| HUF | Hungarian forint | 314,51 |
| PLN | Polish zloty | 4,2125 |
| RON | Romanian leu | 4,4228 |
| TRY | Turkish lira | 3,4067 |
| AUD | Australian dollar | 1,5831 |
| CAD | Canadian dollar | 1,4822 |
| HKD | Hong Kong dollar | 8,6685 |
| NZD | New Zealand dollar | 1,7775 |
| SGD | Singapore dollar | 1,5837 |
| KRW | South Korean won | 1 327,10 |
| ZAR | South African rand | 15,4986 |
| CNY | Chinese yuan renminbi | 7,1329 |
| HRK | Croatian kuna | 7,5520 |
| IDR | Indonesian rupiah | 15 992,53 |
| MYR | Malaysian ringgit | 4,8238 |
| PHP | Philippine peso | 52,388 |
| RUB | Russian rouble | 76,3445 |
| THB | Thai baht | 40,387 |
| BRL | Brazilian real | 4,3489 |
| MXN | Mexican peso | 18,9163 |
| INR | Indian rupee | 74,3061 |

Currency

Exchange rate

USD

US dollar

1,1185

JPY

Japanese yen

135,38

DKK

Danish krone

7,4611

GBP

Pound sterling

0,72655

SEK

Swedish krona

9,4001

CHF

Swiss franc

1,0923

ISK

Iceland króna

NOK

Norwegian krone

9,1760

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

27,038

HUF

Hungarian forint

314,51

PLN

Polish zloty

4,2125

RON

Romanian leu

4,4228

TRY

Turkish lira

3,4067

AUD

Australian dollar

1,5831

CAD

Canadian dollar

1,4822

HKD

Hong Kong dollar

8,6685

NZD

New Zealand dollar

1,7775

SGD

Singapore dollar

1,5837

KRW

South Korean won

1 327,10

ZAR

South African rand

15,4986

CNY

Chinese yuan renminbi

7,1329

HRK

Croatian kuna

7,5520

IDR

Indonesian rupiah

15 992,53

MYR

Malaysian ringgit

4,8238

PHP

Philippine peso

52,388

RUB

Russian rouble

76,3445

THB

Thai baht

40,387

BRL

Brazilian real

4,3489

MXN

Mexican peso

18,9163

INR

Indian rupee

74,3061

---

(1)  Source: reference exchange rate published by the ECB.

1

Source

---
**** 

**Exhibit 31.2**

 

 

**CERTIFICATION**

 

I, Jean-Louis Casabonne, certify that: 

 

1. I have reviewed this report on Form 10-K/A of hopTo 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.

 

 

/s/ JEAN-LOUIS CASABONNE

Jean-Louis Casabonne

Chief Financial Officer

April 30, 2015
<TABLE> <S> <C>

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-END>                               SEP-30-2000
<CASH>                                               0
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                       0
<CURRENT-LIABILITIES>                            1,167
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         5,000
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                         0
<SALES>                                              0
<TOTAL-REVENUES>                                     0
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                 6,167
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                (6,167)
<INCOME-TAX>                                   (6,167)
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (6,167)
<EPS-BASIC>                                      (.00)
<EPS-DILUTED>                                    (.00)


</TABLE>
<TABLE> <S> <C>

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-END>                               JUN-30-2000
<CASH>                                             443
<SECURITIES>                                         0
<RECEIVABLES>                                    7,132
<ALLOWANCES>                                       431
<INVENTORY>                                      9,905
<CURRENT-ASSETS>                                19,631
<PP&E>                                          21,896
<DEPRECIATION>                                (12,038)
<TOTAL-ASSETS>                                  37,144
<CURRENT-LIABILITIES>                           21,289
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           103
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                    37,144
<SALES>                                         15,354
<TOTAL-REVENUES>                                16,865
<CGS>                                            9,287
<TOTAL-COSTS>                                    7,375
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               1,335
<INCOME-PRETAX>                                (1,132)
<INCOME-TAX>                                       596
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     (536)
<EPS-BASIC>                                      (.05)
<EPS-DILUTED>                                    (.05)


</TABLE>
# C_2015322EN.01000201.xml

| 30.9.2015 | EN | Official Journal of the European Union | C 322/2 |
| --- | --- | --- | --- |

30.9.2015

EN

Official Journal of the European Union

C 322/2

---

Non-opposition to a notified concentration

(Case M.7740 — Apollo Management/CDG)

(Text with EEA relevance)

(2015/C 322/03)

On 24 September 2015, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in the English language and will be made public after it is cleared of any business secrets it may contain. It will be available:

1

| — | in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

| — | in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32015M7740. EUR-Lex is the online access to European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32015M7740. EUR-Lex is the online access to European law.

---

(1)  OJ L 24, 29.1.2004, p. 1.

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 U. S. Canadian Minerals, Inc. (the
"Company") on Form 10-QSB for the period ended September 30, 2004 as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), each
of the undersigned, in the capacities and on the dates indicated below, hereby
certifies pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906
of the Sarbanes-Oxley Act of 2002, that to his 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 operation of the Company.


By: /s/Rendal Williams                Date: November 15, 2004
    -----------------------
    Rendal Williams
    Chief Executive Officer
    Chief Financial Officer
EXHIBIT 32

Texland Drilling Program-1981, Ltd.

(A Limited Partnership)

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 Texland
Drilling Program-1981, LTD, (the Company) for the period ended September, 2007 as filed with the Securities and Exchange Commission on the date hereof ( the Report), we, Jerry N. Namy, Chief Executive Officer of the
Company, and M. E. Chapman, Chief Financial Officer of the Company, hereby certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to the best of our knowledge:



| | (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 Company.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------



|    |  |                        
|--- |  | -----------------------
|By: |  | /s/ Jerry N. Namy      
|    |  | Jerry N. Namy          
|    |  | Chief Executive Officer
|    |  | November 14, 2007      
|    | 
|By: |  | /s/ M. E. Chapman      
|    |  | M. E. Chapman          
|    |  | Chief Financial Officer
|    |  | November 14, 2007
# C_2015158EN.01000402.xml

| 13.5.2015 | EN | Official Journal of the European Union | C 158/4 |
| --- | --- | --- | --- |

13.5.2015

EN

Official Journal of the European Union

C 158/4

---

Non-opposition to a notified concentration

(Case M.7456 — Imerys/S&B Minerals)

(Text with EEA relevance)

(2015/C 158/03)

On 19 February 2015, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in English language and will be made public after it is cleared of any business secrets it may contain. It will be available:

1

| — | in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

| — | in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32015M7456. EUR-Lex is the online access to the European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32015M7456. EUR-Lex is the online access to the European law.

---

(1)  OJ L 24, 29.1.2004, p. 1.

1

---
IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-85,950-01

EX PARTE EARL OSCAR AMORY, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 1220039-A IN THE 338TH DISTRICT COURT

FROM HARRIS COUNTY

Per curiam.

O P I N I O N

Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the

clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte

Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant pleaded guilty to possession of a

controlled substance, and was sentenced pursuant to Section 12.44(a) of the Texas Penal Code to 120

days in county jail. He did not appeal his conviction. 

Applicant contends that his plea was involuntary and that his conviction violates due process

because after he entered his plea, the evidence in his case was tested and found not to contain any

controlled substance or dangerous drug. Although Applicant has discharged his sentence in this
2

case, he alleges that he is suffering continuing consequences as a result of this conviction. Those

continuing consequences are sufficient to allow this Court to address his claims. Ex parte

Harrington, 310 S.W.3d 452, 456-57 (Tex. Crim. App. 2010).

The parties have entered agreed findings of fact and conclusions of law, and the trial court

has determined that Applicant’s decision to plead guilty in this case was not a voluntary and

intelligent choice. Applicant is entitled to relief. Ex parte Mable, 443 S.W.3d 129 (Tex. Crim. App.

2014).

Relief is granted. The judgment in Cause No. 1220039 in the 338th District Court of Harris

County is set aside, and Applicant is remanded to the custody of the Sheriff of Harris County to

answer the charges as set out in the indictment. The trial court shall issue any necessary bench

warrant within 10 days after the mandate of this Court issues.

Copies of this opinion shall be sent to theTexas Department of Criminal Justice–Correctional

Institutions Division and Pardons and Paroles Division.

Delivered: November 23, 2016

Do not publish