alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
This disposition is not appropriate for publication and is not precedent *

except as provided by 9th Cir. R. 36-3.

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

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

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

NATANAEL SAMAYOA, a.k.a Natanael

Samay Morales, a.k.a. Natanel Morales

Samayoa, a.k.a. Nathanael Morales

Samayoa, a.k.a. Nathaniel Morales

Samayoa,

 Petitioner,

 v.

ERIC H. HOLDER, Jr., Attorney General,

 Respondent.

No. 09-72421

Agency No. A088-714-392

MEMORANDUM*

On Petition for Review of an Order of the

Board of Immigration Appeals

Submitted October 19, 2010** 

Before: O’SCANNLAIN, TALLMAN, and BEA, Circuit Judges. 

Natanael Samayoa, a native and citizen of Guatemala, petitions pro se for

review of the Board of Immigration Appeals’ order dismissing his appeal from an

FILED

OCT 26 2010

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 09-72421

immigration judge’s denial of his applications for cancellation of removal, asylum,

withholding of removal, and protection under the Convention Against Torture

(“CAT”). We have jurisdiction under 8 U.S.C. § 1252. We review de novo

constitutional claims and questions of law, and review for substantial evidence the

agency’s factual findings. Khan v. Holder, 584 F.3d 773, 776 (9th Cir. 2009). We

deny the petition for review. 

Substantial evidence supports the agency’s determination that Samayoa had,

during the period of ten years immediately preceding the date of his application for

cancellation of removal, “been confined, as a result of conviction, to a penal

institution for an aggregate period of one hundred and eighty days or more.” 

8 U.S.C. § 1101(f)(7). Accordingly, Samayoa is statutorily barred from showing

the good moral character required for cancellation of removal, see 8 U.S.C. §

1229b(b)(1)(B), and his claim the agency violated due process by refusing to

consider his evidence of rehabilitation fails, see Bazuaye v. INS, 79 F.3d 118, 120

(9th Cir. 1996).

To the extent that Samayoa challenges the agency’s denial of asylum,

withholding of removal, and relief under the CAT, he has offered no basis to

conclude the agency erred. Samayoa’s remaining contentions are unpersuasive. 

PETITION FOR REVIEW DENIED.
Order filed, December 01, 2016

.

In The



## Fourteenth Court of Appeals

____________

NO. 14

- 16

- 00861

- CR

____________

JONATHAN BERRING , Appellant

V.

THE STATE OF TEXAS , Appellee

On Appeal from the 262nd District Court

Harris County, Texas

Tr ial Court Cause No. 1516562



### ORDER

The reporter’s record in this case was due November 14, 2016. See Tex. R.

App. P. 35.1. The court has not received a request to extend time for filing the

record. The record has not been filed with the court. Becaus e the reporter’s record

has not been filed timely, we issue the following order.

We order Mattie Kimble, the official court reporter, to file the record in this

appeal within 30 days of the date of this order

.

PER CURIAM
UNIT LETTERHEAD

DD MMM YY

MEMORANDUM FOR NGB-GO-JOM

SUBJECT: Joint Credit – Bulk Discretionary Point Submission

1. I have verified, through the review of official documentation (orders, OPRs/LOEs, Award 

narratives/citation, and/or official memo), that the following individuals have met the 

requirements set forth in CJCSI 1330.05, Enclosure B, for the award of Discretionary Points.

(NOTE: Paragraph two should be completed for individuals completing joint training).

2. Joint Training: I certify the following individuals meet the CJCSI 1330.05, Enclosure B 

criteria for joint training:

ANG or 

ARNG

SSN

(No 

dashes) Grade Last, First MI Course Title

Completion Date

(MM/DD/YYYY)

3. Point of contact is ____________, (###) ###-####/DSN ###-####, email ____________.

SIGNATURE BLOCK

O-6/GS-15 level, or higher
Submitted on record and briefs October 1,

reversed November 10, 2004

#### In the Matter of Lyubov Shklyayev, Alleged to be a Mentally Ill Person. STATE OF OREGON, *Respondent, v.*LYUBOV SHKLYAYEV, *Appellant.*

0304-64419; A121322

100 P3d 789

Susan D. Isaacs filed the brief for appellant.

Hardy Myers, Attorney General, Maiy H. Williams, Solicitor General, and Linda Wicks, Assistant Attorney General, filed the brief for respondent.

Before Landau, Presiding Judge, and Brewer, Chief Judge, and Armstrong, Judge.

PER CURIAM

*239PER CURIAM

Appellant was committed to the custody of the Mental Health Division based on the trial court’s finding that, because of a mental disorder, appellant is dangerous to herself. ORS 426.005(l)(d)(A). She appeals, arguing that the trial court erred in finding that the state had proved by clear and convincing evidence that she is dangerous to herself. The state concedes that the record does not contain clear and convincing evidence to establish the required elements for an order of involuntary commitment. After reviewing the record, we accept the state’s concession.

Reversed.
#### In the Matter of Frankie R., a Child Alleged to be Permanently Neglected. Juan R., Appellant; Jewish Child Care Association of New York, Respondent.

[773 NYS2d 30]

Order of disposition, Family Court, New York County (Susan Larabee, J.), entered on or about May 23, 2002, which terminated respondent-appellant’s parental rights as to his then 13-year-old son and committed the child to the custody and care of petitioner agency for purposes of adoption, unanimously reversed, on the law and the facts, without costs, the order of disposition and the fact-finding orders vacated, and the petition dismissed.

The order of disposition brings up for review a fact-finding determination of the same court, made on or about April 25, 2002, that appellant father had permanently neglected the child. However, the evidence presented at the fact-finding hearing *134fails to demonstrate that the agency undertook diligent efforts to assist him in resolving his problems of inadequate housing and financial instability, which were specifically identified as preventing him from regaining his son *(see Matter of Jamie M.,*63 NY2d 388, 394 [1984]). Nor was there clear and convincing evidence that appellant father failed to plan for his child’s future.

It is undisputed that the father completed the parenting skills program to which he was referred, attended counseling, submitted to random drug testing, and otherwise complied with the agency’s requirements. Though he may have missed a public assistance appointment, causing a delay, he actively sought out employment and as of the date of the hearing was employed by a tow truck company, earning $80 to $400 per week in addition to Social Security disability compensation he was receiving. He regularly visited his son and had a “very close” relationship with him. The agency’s only valid concern was that the father, because of lack of other housing, had returned to reside with his son’s mother, whose rights to the subject child had already been terminated. However, it is undisputed that appellant was looking for other housing as of the date of the hearing.

Accordingly, given the father and son’s heartfelt desire to be reunited, the many positive steps taken by the father, and his cooperation with the agency, there was insufficient evidence of permanent neglect. Concur—Buckley, P.J., Andrias, Sullivan, Friedman and Gonzalez, JJ.
22147

#### David Eugene INGLE, Respondent, v. Michael Edward WHITLOCK, Appellant.

(318 S. E. (2d) 367)

Supreme Court

*William U. Gunn,*of *Holcombe, Bomar, Wynn & Gunn,*Spartanburg, *for appellant.*

*George F. Abernathy,*of *Odom, Terry, Abernathy & Cantrell,*Spartanburg, *for respondent.*

*392Submitted June 8, 1984.

Decided July 31, 1984.

Gregory, Justice:

Michael Edward Whitlock appeals from the denial of his motion to quash service of process by publication. We affirm.

Respondent David Eugene Ingle brought this action against Whitlock for injuries received in an automobile accident. A professional process server was unable to locate Whitlock to servé him with the summons and complaint; so five months after the complaint was drafted, respondent’s attorney petitioned for an order permitting service by publication under S. C. Code Ann. § 15-9-710(2). The clerk of court granted the petition.

Appellant specially appeared through counsel for his Insurer and moved to quash the service of process. The motion was denied. He appeals, contending respondent made an insufficient showing pursuant to § 15-9-710(2) that appellant, a resident of this state, has departed therefrom with the intent to defraud his creditors or to avoid the service of a summons or that he is concealing himself within the State with like intent.

The affidavit attached to the petition recited that the professional process server diligently attempted to locate appellant at his last known address and another address; contacted the mail carriers who delivered mail to appellant; contacted appellant’s stepmother; made several neighborhood inquiries and contacted Duke Power Company, Spar-tanburg Water Works and Correctional Release Center, all to no avail.

Counsel for appellant’s Insurer states in his Brief that the Insurer has also been unable to locate appellant.

> [Section 10-451, now Section 15-9-710] does not specify the character of the facts and circumstances which must be stated in the affidavit or the quantity of the evidence necessary to satisfy the officer, before ordering publication. It simply requires that it must appear by affidavit to his satisfaction.

*Dow v. Bolden,*245 S. C. 321, 140 S. E. (2d) 473, 477 (1965) (quoting *Yates*v. *Gridley,*16 S. C. 496).

*393The facts and circumstances related in the petition and affidavit attached thereto were sufficient to satisfy the clerk of court who ordered publication. We find no error.

Affirmed.

Littlejohn, C. J., Ness and Harwell, JJ., and Alexander M. Sanders, Jr., Acting Associate Justice, concur.
<PAGE>
                                                                   EXHIBIT 23.01

                       CONSENT OF INDEPENDENT ACCOUNTANTS

    We hereby consent to the incorporation by reference in the Registration
Statements on Form S-3 (Nos. 333-55498, 333-51234 and 333-94357) of Insignia
Solutions plc and incorporation by reference in the Registration Statements on
Form S-8 (Nos. 333-51760, 333-34632, 333-76693, 33-99296 and 33-99592) of
Insignia Solutions plc of our report dated January 20, 2001 relating to the
financial statements, which appears in this Form 10-K. We also consent to the
incorporation by reference of our report dated January 20, 2001 relating to the
financial statement schedules, which appears in this Form 10-K.

/s/ PRICEWATERHOUSECOOPERS LLP
-----------------------------------

San Jose, CA
March 21, 2001
|   | (1)    | TheReport fully complies with the requirements of section 13(a) or15(d) of the Securities Exchange Act of 1934; and |
|--------|-----------------------|--------------------------------------------------------------------------------------------------------------------------|

|   | (2)    | Theinformation contained in the Report fairly presents, in allmaterial respects, the financial condition and results ofoperations of the Company. |
|--------|-----------------------|---------------------------------------------------------------------------------------------------------------------------------------------------|

| Dated:  May 15, 2017 | By:    | /s/ Kyle Kennedy                                                                                                                                      |   |
|--------------------------------|--------|------------------------------------------------------------------------------------------------------------------------------------------------------------|--------|
|                           |   | KyleKennedy                                                                                                                                                |   |
|                           |   | President,ChiefExecutive Officer and Chairman of the Board(PrincipalExecutive Officer, Principal Financial Officer and acting PrincipalAccounting Officer) |   |
EXHIBIT 32.1

Certification  Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002  (Subsections (a) and (b) of Section 1350, Chapter 63 of Title 18, United States Code)

Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of Section 1350, Chapter 63 of Title 18, United
States Code), I, Patrick Fourteau, President and Chief Operating Officer of First Horizon Pharmaceutical Corporation, a Delaware corporation (the "Company"), do hereby certify, to the best of my
knowledge, that:

This
Quarterly Report on Form 10-Q for the quarter ended September 30, 2003 (the "Form 10-Q") of the Company fully complies with the
requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and the information contained in this Form 10-Q fairly presents, in all material respects, the
financial condition and results of operations of the Company.

|November 7, 2003 | /s/PATRICK P. FOURTEAUPatrick P. Fourteau President and Chief Operating
Officer
|---------------- | -------------------------------------------------------------------------------

---

QuickLinks
<PAGE>


                                                                   EXHIBIT 99.2

                          ANNUAL STATEMENT AS TO COMPLIANCE

                              NEWCOURT CREDIT GROUP INC.

                           NEWCOURT RECEIVABLES ASSET TRUST


     The undersigned, a duly authorized representative of Newcourt Credit Group
Inc. ("Newcourt"), as Servicer pursuant to the Pooling, Collateral Agency and
Servicing Agreement dated as of April 15, 1996 (the "Pooling and Servicing
Agreement"), among Newcourt Receivables Corporation, as Seller, Newcourt, as
Servicer, Fleet National Bank, as Collateral Agent, and Chase Manhattan Bank
Delaware, as Issuer Trustee, does hereby certify that:

1.   Capitalized terms used in this Certificate have their respective meanings
     set forth in the Pooling and Servicing Agreement.

2.   Newcourt is as of the date hereof the Servicer under the Pooling and
     Servicing Agreement.

3.   The undersigned is duly authorized pursuant to the Pooling and Servicing
     Agreement to execute and deliver this Certificate.

4.   This Certificate is delivered pursuant to Section 3.11 of the Pooling and
     Servicing Agreement.

5.   A review of the activities of the Servicer during the year ended December
     31, 1997 and of its performance under the Pooling and Servicing Agreement
     was made under my supervision.

6.   Based on such review, to the best of the undersigned's knowledge, the
     Servicer has performed or caused to be performed in all material respects
     all of its obligations under the Pooling and Servicing Agreement throughout
     such year and no Servicer Default has occurred or is continuing except as
     set forth in paragraph 7 below.

7.   The following is a description of each Servicer Default under the
     provisions of the Pooling and Servicing Agreement known to me to have
     occurred during the year ended December 31, 1997, which sets forth in
     detail the (i) nature of each such Servicer Default, (ii) the action taken
     by the Servicer, if any, to remedy each such Servicer Default and (iii) the
     current status of each such Servicer Default:

                                         NONE
<PAGE>


     IN WITNESS WHEREOF, the undersigned, a duly authorized officer of the
Servicer, has duly executed this Certificate this 30th day of March, 1998.


                              By: /s/ Daniel A. Jauernig
                                 ---------------------------------

                                   Daniel A. Jauernig
                                   Chief Financial Officer
Docket No: FAA-2015-0085 Dir ID: 2014-NM-078-AD
Exhibit 32.1 CERTIFICATION OF CHIEF EXECUTIVE 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 Speedus Corp. (the Company) on Form 10-K
for the period ending December 31, 2005 as filed with the Securities and
Exchange Commission on the date hereof (the Report), I, Shant S. Hovnanian,
Chairman of the Board, President and Chief Executive 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) or15(d) of the
  Securities Exchange of 1934, 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.  Date:
  March 31,
  2006By:
  /s/ Shant S.
  HovnanianName:
  Shant S.
  HovnanianTitle:
  Chairman of
  the Board, President and Chief Executive Officer 4
```

[Federal Register Volume 78, Number 232 (Tuesday, December 3, 2013)]
[Notices]
[Page 72746]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-28919]

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

DEPARTMENT OF STATE

[Public Notice 8539]

Activities of the International Telecommunication Advisory 
Committee and Preparations for Upcoming International 
Telecommunications Meetings

    This notice announces a meeting of the Department of State's 
International Telecommunication Advisory Committee (ITAC) to review the 
activities of the committee over the last quarter and prepare for 
activities in the next quarter.
    The ITAC will meet on December 19, 2013 at 2 p.m. EST to review the 
preparations for and outcomes of international telecommunications 
meetings of the International Telecommunication Union, the Inter-
American Telecommunications Commission, the Organization for Economic 
Cooperation and Development, and the Asia Pacific Economic Cooperation 
Telecommunications and Information Working Group over the last quarter, 
and announce preparations for similar activities for the next quarter.
    In particular, preparations for the World Telecommunications 
Development Conference, the Plenipotentiary Conference, and the Ten 
year review of implementation of the World Summit on the Information 
Society outcomes will be discussed.
    Details on this ITAC meeting, including the meeting location, will 
be announced on the Department of State's email list, 
ITAC@lmlist.state.gov. Use of the ITAC list is limited to meeting 
announcements and confirmations, distribution of agendas and other 
relevant meeting documents.
    Subscription to the ITAC list is open. Persons wishing to 
participate in the ITAC list, desiring further information on this or 
other preparatory meetings, including those wishing to request 
reasonable accommodation to attend the meeting, should contact the 
Secretariat at minardje@state.gov.
    Attendance at these meetings is open to the public as seating 
capacity allows. The public will have an opportunity to provide 
comments at these meetings at the invitation of the chair. A conference 
bridge will be provided to those people outside the Washington Metro 
area who request it from the secretariat.

    Dated: November 25, 2013.
Cecily Holiday,
Foreign Affairs Officer, International Communications & Information 
Policy, U.S. Department of State.
[FR Doc. 2013-28919 Filed 12-2-13; 8:45 am]
BILLING CODE 4710-07-P
```
OKLAHOMA ARMY NATIONAL GUARD (OKARNG) DRINKING 

WATER PFAS SNAPSHOT

The Army National Guard is committed to ensuring quality drinking water is provided to its 

Soldiers, and civilians. Proactive sampling is performed by the Army National Guard on its

drinking water systems, as well as, coordination with other purveyors to ensure perfluorooctane 

sulfonate (PFOS) and perfluorooctanoic acid (PFOA) remains below the Environmental 

Protection Agency (EPA) lifetime health advisory (HA) level of 70 parts per trillion (ppt). The 

EPA HA is not an enforceable or a regulatory standard, and represents a concentration in 

drinking water that is not expected to produce adverse health effects if the water is consumed 

over a lifetime.

Drinking Water Status: Finished drinking water, which is the treated water people drink at 

Midwest City Readiness Center (MWCRC), does not contain PFOS/PFOA above the EPA HA. 

Additionally, Army National Guard-provided drinking water complies with the standards of the 

Safe Drinking Water Act (SDWA), a federal law designed to protect the quality of drinking water 

supplied to the American public. 

Test Date: April 2017

PFOA + PFOS Results: 4.42 ppt (J)i

Future Testing Event: None

History: The well has been disconnected and not used for potable water since March 2001. 

Type of Drinking Water System: Army National Guard-owned

For Questions Contact: Oklahoma National Guard State Public Affairs Office

Office Phone Number: 405-228-5037

Office E-mail Address: ng.ok.okarng.list.staff-pao@mail.mil

Water Quality Reports: A water quality report is not required for this location

i The reported result is an estimate. Values noted with a ‘J’ flag were detected by the laboratory but the true concentration is 

uncertain.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               SEP-30-2000
<CASH>                                          51,102
<SECURITIES>                                         0
<RECEIVABLES>                                    4,799
<ALLOWANCES>                                       164
<INVENTORY>                                          0
<CURRENT-ASSETS>                                59,995
<PP&E>                                           2,443
<DEPRECIATION>                                     640
<TOTAL-ASSETS>                                  62,897
<CURRENT-LIABILITIES>                           10,975
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            26
<OTHER-SE>                                      51,896
<TOTAL-LIABILITY-AND-EQUITY>                    62,897
<SALES>                                         19,562
<TOTAL-REVENUES>                                27,814
<CGS>                                              445
<TOTAL-COSTS>                                    1,358
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                  2,175
<INCOME-TAX>                                     3,972
<INCOME-CONTINUING>                            (1,797)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (3,245)
<EPS-BASIC>                                     (0.13)
<EPS-DILUTED>                                   (0.13)


</TABLE>