alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Halina NOWAK, Petitioner, v. Jefferson B. SESSIONS III, Attorney General, Respondent.

No. 15-71187

United States Court of Appeals, Ninth Circuit.

*766Submitted February 5, 2018 *

Filed February 08, 2018

Dori L. Zavala, Esquire, Attorney, Zava-la Law Offices, LLC, Scottsdale, AZ, for Petitioner

Yanal H. Yousef, Linda Y. Cheng, Trial Attorneys, DOJ — U.S. Department of Justice, Civil Division/Office of Immigration Litigation, Washington, DC, Chief Counsel ICE, Office of the Chief Counsel, Department of Homeland Security, San Francisco, CA, for Respondent

Before: D.W. NELSON, TASHIMA, and CHRISTEN, Circuit Judges.

*

 The panel unanimously concludes this case is suitable for decision without oral argument. *See*Fed. R. App. P. 34(a)(2).

MEMORANDUM **

Halina Nowak, a native and citizen of Poland, petitions for review of the Board of Immigration Appeals’ (BIA) final order of removal. We have jurisdiction under 8 U.S.C. § 1252(a)(1), and we deny the petition.

1. The BIA did not abuse its discretion by finding that Nowak’s untimely asylum application was statutorily barred. Nowak failed to demonstrate how the death of a Polish politician she knew twenty-nine years ago constituted a changed circumstance that materially affected her eligibility for asylum. *See 8*U.S.C. § 1158(a)(2)(D).

2. The BIA correctly decided that substantial evidence supported the immigration judge’s (IJ) determination that Nowak was not entitled to withholding of removal. Nowak did not suffer past persecution: she received only three indirect threats over a fourteen-year period that did not result in harm, *see Hoxha v. Ashcroft,*319 F.3d 1179, 1182 (9th Cir. 2003), and she was able to earn a living from her business while she was under government investigation, *see Zehatye v. Gonzales,*453 F.3d 1182, 1186 (9th Cir. 2006). Nowak also failed to show that she would suffer future persecution if she returned to Poland. *See Bringas-Rodriguez v. Sessions,*850 F.3d 1051, 1062 (9th Cir. 2017). Indeed, the individuals who contacted Nowak’s sister in Poland neither threatened Nowak nor mentioned her prior involvement with the deceased politician.

3. The BIA did not consider the validity of Nowak’s second marriage in making its decision. Thus, Nowak is not entitled to a new hearing based on the IJ’s finding that her second marriage was fraudulent. *See Lianhua Jiang v. Holder,*754 F.3d 733, 741 (9th Cir. 2014).

PETITION DENIED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
# C_2023035EN.01006001.xml

| 30.1.2023 | EN | Official Journal of the European Union | C 35/60 |
| --- | --- | --- | --- |

30.1.2023

EN

Official Journal of the European Union

C 35/60

---

Judgment of the General Court of 7 December 2022 — Sanetview v EUIPO — 2boca2catering (Las Cebras)

(Case T-159/22) (1)

(EU trade mark - Opposition proceedings - Application for EU figurative mark Las Cebras - Earlier national figurative mark LEZEBRA - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EU) 2017/1001)

(2023/C 35/73)

Language of the case: Spanish

Parties

Applicant: Sanetview, SLU (Andorra la Vella, Andorra) (represented by: J. Gallego Jiménez, E. Sanz Valls, P. Bauzá Martínez, Y. Hernández Viñes and C. Marí Aguilar, lawyers)

Defendant: European Union Intellectual Property Office (represented by: A. Crawcour Hage and J. Ivanauskas, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO: 2boca2catering, SL (Seville, Spain)

Re:

By its action under Article 263 TFUE, the applicant seeks annulment of the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 4 January 2022 (Case R 1070/2021-5).

Operative part of the judgment

The Court:

| 1. | Dismisses the action; |
| --- | --- |

1.

Dismisses the action;

| 2. | Orders Sanetview, SLU to pay the costs. |
| --- | --- |

2.

Orders Sanetview, SLU to pay the costs.

---

(1)  OJ C 198, 16.5.2022.

---
I 

116TH CONGRESS 

1ST SESSION H. R. 970 

To direct the Secretary of the Interior to develop a plan for the removal 

of the monument to Robert E. Lee at the Antietam National Battlefield, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 5, 2019 

Mr. BROWN of Maryland (for himself, Mr. TRONE, and Mr. RASKIN) introduced the following bill; which was referred to the Committee on Natural 

Resources 

A BILL 

To direct the Secretary of the Interior to develop a plan 

for the removal of the monument to Robert E. Lee 

at the Antietam National Battlefield, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Robert E. Lee Statue 

5 Removal Act’’. 

6 SEC. 2. REMOVAL PLAN FOR MONUMENT. 

7 Not later than 90 days after the date of the enact8 ment of this Act, the Secretary of the Interior shall deVerDate Sep 11 2014 05:18 Feb 13, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H970.IH H970

kjohnson on DSK79L0C42 with BILLS
2 

•HR 970 IH

1 velop a plan for the removal of the monument to Robert 

2 E. Lee at the Antietam National Battlefield. 

3 SEC. 3. REPORT. 

4 Not later than 120 days after the date of the enact5 ment of this Act, the Secretary of the Interior shall submit 

6 to the Committee on Natural Resources of the House of 

7 Representatives and the Committee on Energy and Nat8 ural Resources of the Senate, and make publicly available, 

9 a report describing the plan required under section 2 and 

10 a timeline for the removal of the monument in accordance 

11 with that plan. 

Æ 


kjohnson on DSK79L0C42 with BILLS
```

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 1056 Introduced in House (IH)]

<DOC>

116th CONGRESS
  2d Session
H. RES. 1056

       Supporting the designation of a National Day of Civility.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             July 20, 2020

  Mr. Crist (for himself, Mr. Johnson of Louisiana, Mr. Cleaver, Mr. 
     Fitzpatrick, Mr. Griffith, Mr. Joyce of Ohio, Mrs. Rodgers of 
Washington, Mr. Soto, Mr. Raskin, Mr. Hastings, Mrs. Murphy of Florida, 
Mr. Suozzi, Mr. Carson of Indiana, Mr. Gonzalez of Texas, Mr. Phillips, 
    and Mrs. Dingell) submitted the following resolution; which was 
           referred to the Committee on Oversight and Reform

_______________________________________________________________________

                               RESOLUTION

 
       Supporting the designation of a National Day of Civility.

Whereas civility involves being nice or polite to others and treating others 
        with respect;
Whereas civil discourse and dialogue are hallmarks of the American political and 
        social systems, and these hallmarks have been jeopardized in recent 
        years by growing division in and coarsening of our political culture;
Whereas 9 out of 10 Americans agree incivility leads to intimidation, threats, 
        harassment, discrimination, violence, and cyberbullying;
Whereas a majority of Americans believe incivility in our politics encourages 
        general incivility in society and deters citizens from engaging in 
        public service;
Whereas racial and religious minorities, the homeless, people with disabilities, 
        the poor, and law enforcement officers report having experienced the 
        most incivility;
Whereas civility training in schools, a national campaign to promote civility, a 
        conscious public effort to practice civility, and a National Day of 
        Civility may combat the threats posed by increasing incivility and 
        distrust in our institutions; and
Whereas July 12th would be an appropriate day to designate as a National Day of 
        Civility: Now, therefore, be it
    Resolved, That the House of Representatives--
            (1) supports the designation of a National Day of Civility;
            (2) encourages a national campaign to promote civility in 
        our schools, at work, and in our public spaces; and
            (3) calls on all Americans to practice civility.
                                 <all>
```
# C_2023173EN.01004203.xml

| 15.5.2023 | EN | Official Journal of the European Union | C 173/42 |
| --- | --- | --- | --- |

15.5.2023

EN

Official Journal of the European Union

C 173/42

---

Order of the General Court of 16 March 2023 — Ilunga Luyoyo v Council

(Case T-97/22) (1)

(2023/C 173/57)

Language of the case: French

The President of the Fourth Chamber has ordered that the case be removed from the register.

---

(1)  OJ C 148, 4.4.2022.

---
Exhibit 32.2

                            CERTIFICATION PURSUANT TO
                            18 U.S.C. Section #1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


In  connection  with the  Quarterly  Report on Form 10-Q ("Form 10-Q") of Galaxy
Nutritional  Foods,  Inc. (the "Company") for the period ended December 31, 2005
as filed with the  Securities  and Exchange  Commission  on the date hereof,  I,
Salvatore J. Furnari, 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 Form 10-Q 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 Form 10-Q fairly  presents,  in all
      material  respects,  the financial  condition and results of operations of
      the Company.



                                               /s/ Salvatore J. Furnari
                                               ---------------------------------
                                               Salvatore J. Furnari
                                               Chief Financial Officer
                                               February 21, 2006
CERTIFICATION OF CHIEF EXECUTIVE OFFICER
                          OF CORPORATE GENERAL PARTNER

            PURSUANT TO 18 U.S.C. SECTION 1350 AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

The undersigned, James M. Seneff, Jr., the Chief Executive Officer of CNL Realty
Corporation,  the  corporate  general  partner of CNL Income Fund III, Ltd. (the
"Partnership"),  has executed this  certification  in connection with the filing
with the  Securities  and Exchange  Commission  of the  Partnership's  Quarterly
Report on Form 10-Q for the period  ending  March 31, 2003 (the  "Report").  The
undersigned hereby certifies 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 Partnership.



Date:   May 6, 2003             /s/ James M. Seneff, Jr.
                                Name:  James M. Seneff, Jr.
                                Title:   Chief Executive Officer


                                A  signed  original  of this  written  statement
                                required by Section 906 has been provided to CNL
                                Income  Fund III,  Ltd.  and will be retained by
                                CNL Income Fund III,  Ltd. and  furnished to the
                                Securities and Exchange  Commission or its staff
                                upon request.
**Exhibit 32.05**

**PUBLIC      SERVICE COMPANY OF NORTH CAROLINA, INCORPORATED**

**CERTIFICATION      PURSUANT TO**

**18      U.S.C. SECTION 1350,**

**AS      ADOPTED PURSUANT TO**

**SECTION      906 OF THE SARBANES-OXLEY ACT OF 2002**

| (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/William                B. Timmerman                           |   |
|------------------------------------------------------------------|--------|
| William                B. Timmerman                              |   |
| Chairman                of the Board and Chief Executive Officer |
H. Res. 1055 

In the House of Representatives, U. S., 

July 21, 2020. 

Resolved, That in the engrossment of the bill H.R. 6395, 

the Clerk of the House of Representatives shall make the following correction: In section 5001 (relating to Department of 

State authorities and activities), strike ‘‘Department of State 

Authorization Act of 2020’’ and insert ‘‘Eliot L. Engel Department of State Authorization Act of 2020’’. 

Attest: 

Clerk.
#### UNITED STATES of America, Plaintiff-Appellee v. Alfred George STOKES, Defendant-Appellant

No. 17-60309 Summary Calendar

United States Court of Appeals, Fifth Circuit.

Filed March 8, 2018

Gaines H. Cleveland, Assistant U.S. Attorney, John Arthur Meynardie, Esq., U.S. Attorney’s Office, Southern District of Mississippi, Gulfport, MS, for Plaintiff-Ap-pellee

Alfred George Stokes, Pro Se

Before BARKSDALE, PRADO, and OWEN, Circuit Judges.

*427PER CURIAM: *

Alfred George Stokes, proceeding *pro se,*challenges the denial of his motion to modify his sentence under 18 U.S.C. § 3582(c)(2) following an amendment to Sentencing Guideline § 2D1.1 (applicable to crimes involving controlled substances). The district court ruled he was ineligible for a sentence modification because he could have been sentenced as a career offender under Guideline § 4B1.1 (applicable to offenders who are: over 18 years old, committed a erime-of-violence or controlled-substance felony, and had committed at least two prior, crime-of-violenee or controlled-substance felonies). Although Stokes concedes he qualified as a career offender at the time of sentencing, he contends he is eligible for a modification because the court instead determined his offense level under the above-referenced Guideline § 2D1.1.

The court’s decision to reduce a sentence under 18 U.S.C. § 3582(c)(2) is reviewed for abuse of discretion, *e.g., United States v. Townsend,*55 F.3d 168, 170 (5th Cir. 1995); but defendant’s *eligibility*for a sentence reduction, the issue at hand, is reviewed *de novo, United States v. Doublin,*572 F.3d 235, 237 (5th Cir. 2009).

Application Note 1(A) to Guideline § 1B1.10 (pertaining to reduction of term of imprisonment with amendment of the Guidelines) prohibits modifying a sentence if “the amendment does not have the effect of lowering the defendant’s applicable guideline range because of the operation of another guideline”. U.S.S.G. § 1B1.10, cmt. n.l(A); *United States v. Carter,*595 F.3d 575, 581 (5th Cir. 2010) (holding Application Note 1(A) to Guideline § 1B1.10 is authoritative). In this instance, the operation of the career-offender Guideline prevented the court’s modifying Stokes’ sentence pursuant j;o 18 U.S.C. § 3582(c)(2). U.S.S.G. § 1B1.10, cmt. n.l(A); U.S.S.G. § 4Bl.l(b)(3).

AFFIRMED.

*

 Pursuant to 5th Cir. R, 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
<PAGE>

                                                                     Exhibit 23b

CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

We consent to the incorporation by reference in Registration Statement No.
333-105704 of PSEG Power LLC (the "Company") on Form S-3 of our report dated
February 27, 2006 (which report expresses an unqualified opinion and includes
explanatory paragraphs for the adoption of Statement of Financial Accounting
Standards No. 143, Accounting for Asset Retirement Obligations and Financial
Accounting Standards Board Interpretation No. 47, Accounting for Conditional
Asset Retirement Obligations described in Note 3), appearing in this Annual
Report on Form 10-K of the Company for the year ended December 31, 2005.

Deloitte & Touche LLP
February 27, 2006
No. 11-10853.

#### Frank *v.*United States.

C. A. 9th Cir. Cer-tiorari denied.
```

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8947 Introduced in House (IH)]

<DOC>

116th CONGRESS
  2d Session
                                H. R. 8947

 To designate the facility of the United States Postal Service located 
at 1101 Charlotte Street in Georgetown, South Carolina, as the ``Joseph 
             Hayne Rainey Memorial Post Office Building''.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           December 10, 2020

Mr. Rice of South Carolina (for himself, Mr. Clyburn, Mr. Timmons, Mr. 
 Wilson of South Carolina, Mr. Norman, Mr. Duncan, and Mr. Cunningham) 
 introduced the following bill; which was referred to the Committee on 
                          Oversight and Reform

_______________________________________________________________________

                                 A BILL

 
 To designate the facility of the United States Postal Service located 
at 1101 Charlotte Street in Georgetown, South Carolina, as the ``Joseph 
             Hayne Rainey Memorial Post Office Building''.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. JOSEPH HAYNE RAINEY MEMORIAL POST OFFICE BUILDING.

    (a) Designation.--The facility of the United States Postal Service 
located at 1101 Charlotte Street in Georgetown, South Carolina, shall 
be known and designated as the ``Joseph Hayne Rainey Memorial Post 
Office Building''.
    (b) References.--Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the facility referred to 
in subsection (a) shall be deemed to be a reference to the ``Joseph 
Hayne Rainey Memorial Post Office Building''.
                                 <all>
```
No. 11-10647.

#### Bradley *v.*Florida.

Dist. Ct. App. Fla., 2d Dist. Certiorari denied.
No. 11-11124.

#### Sarcona, aka Sarcone, aka Johnson *v.*United States.

C. A. 11th Cir. Certiorari denied.
No. 11-10948.

#### Davis *v.*Hobbs, Director, Arkansas Department of Correction.

Sup. Ct. Ark. Certiorari denied.
# C_2022424EN.01004402.xml

| 7.11.2022 | EN | Official Journal of the European Union | C 424/44 |
| --- | --- | --- | --- |

7.11.2022

EN

Official Journal of the European Union

C 424/44

---

Action brought on 15 September 2022 — Bora Creations v EUIPO — True Skincare (TRUE SKIN)

(Case T-576/22)

(2022/C 424/57)

Language in which the application was lodged: English

Parties

Applicant: Bora Creations, SL (Andratx, Spain) (represented by: R. Lange and M. Ebner, lawyers)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: True Skincare Ltd (Ascot, United Kingdom)

Details of the proceedings before EUIPO

Applicant of the trade mark at issue: Applicant before the General Court

Trade mark at issue: Application for European Union word mark TRUE SKIN — Application for registration No 18 170 353

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 21 June 2022 in Case R 1712/2021-5

Form of order sought

The applicant claims that the Court should:

| — | annul the contested decision; |
| --- | --- |

—

annul the contested decision;

| — | order EUIPO and the intervener to pay the costs. |
| --- | --- |

—

order EUIPO and the intervener to pay the costs.

Plea in law

| — | Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council. |
| --- | --- |

—

Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.

---
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