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NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

MARIA DEL CARMEN ESPINO

- LOPEZ,

Petitioner,

v.

MERRICK B. GARLAND, Attorney General,

Respondent. No. 21

- 217

Agency No.

A205

- 270

- 468

MEMORANDUM *

On Petition for Review of an Order of the Board of Immigration Appeals

Submitted June 20 , 2024 **

Sa n Francisco, C alifornia

Before: OWENS and BADE, Circuit Judges, and BAKER, Judge

. ***

Maria Del Carmen Espino

- Lopez, a citizen of Mexico, petitions for review

of the Board of Immigration Appeals ’ (BIA) order dismissing her appeal from an

* 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 M. Miller Baker

, Judge for the United States Court of

International Trade , sitting by designation. 

# FILED

JUN 24 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS2 21

- 217

Immigration Judge’s order denying her application for cancellation of removal.

We have jurisdiction to consider “questions of law

. ” 8 U.S.C. § 1252(a)(2)(D)

.

We review questions of law de novo

, Coronado v. Holder , 759 F.3d 977, 982 (9th

Cir. 2014) , and we deny the petition for review.

The BIA did not err when it determined that Espino

- Lopez’s conviction for

solicitation to commit forgery under Arizona Revised Statutes §§ 13

- 1002(A)

(solicitation) and 13

- 2002 (A)(2) ( forgery ) was categorically a crime involving

moral turpitude (CIMT) that render ed her ineligible for cancellation of removal.

An alien is ineligible for cancellation of removal if she has been convicted of a

CIMT. See 8 U.S.C. § § 1182(a)(2)(A)(i)(I) , 1229b(b)(1)(C)

. When a n alien has

been convicted for a solicitation offense, we look at the underlying crime to

determine if the offense constitutes a CIMT. Barragan

- Lopez v. Mukasey

, 508

F.3d 899, 903 (9th Cir. 2007 ) (explaining that when the conviction for solicitation

is not for “ unspecified criminal conduct,” the court considers the “underlying

crime[] in determining whether convictions for inchoate offenses constitute crimes

involving moral turpitude ”)

. Here, the underlying conviction was under section

13

- 2002(A) , which is “per se” a CIMT “[b]ecause

. . . [it] requires intent to

defraud.” Espino

- Castillo v. Holder , 770 F.3d 861, 864 (9th Cir. 2014). Thus,

Espino

- Lopez was ineligible for cancellation of removal , and the BIA did not err

.

PETITION DENIED.
<TABLE> <S> <C>


<ARTICLE> 5
       
<S>                           <C>
<PERIOD-TYPE>                 YEAR
<FISCAL-YEAR-END>             DEC-31-1997
<PERIOD-END>                  DEC-31-1997
<CASH>                        166,180
<SECURITIES>                  0
<RECEIVABLES>                 112,377
<ALLOWANCES>                  0
<INVENTORY>                   321,948
<CURRENT-ASSETS>              973,918
<PP&E>                        13,318,294
<DEPRECIATION>                577,605
<TOTAL-ASSETS>                14,700,984
<CURRENT-LIABILITIES>         11,392,594
<BONDS>                       4,723,966
<PREFERRED-MANDATORY>         0
<PREFERRED>                   11,745,333
<COMMON>                      292,795
<OTHER-SE>                    26,036,305
<TOTAL-LIABILITY-AND-EQUITY>  14,700,984
<SALES>                       9,720,861
<TOTAL-REVENUES>              9,720,861
<CGS>                         7,333,910
<TOTAL-COSTS>                 7,333,910
<OTHER-EXPENSES>              0
<LOSS-PROVISION>              0
<INTEREST-EXPENSE>            2,796,906
<INCOME-PRETAX>               (9,253,042)
<INCOME-TAX>                  2,885,000
<INCOME-CONTINUING>           (12,138,042)
<DISCONTINUED>                0
<EXTRAORDINARY>               0
<CHANGES>                     0
<NET-INCOME>                  (12,138,042)
<EPS-PRIMARY>                 (0.065)
<EPS-DILUTED>                 (0.065)
        


</TABLE>
No. 12-5805.

#### Obomighie *v.*Holder, Attorney General.

C. A. 4th Cir. Certiorari denied.
**Exhibit 31.02**

 

**CERTIFICATION**

 

I, Benjamin G.S. Fowke III, certify that:

 

1. I havereviewed this annual report on Form 10-K of Public Service Companyof Colorado;

 

2. Based on myknowledge, this annual report does not contain any untrue statement of a materialfact or omit to state a material fact necessary to make the statements made, inlight of the circumstances under which such statements were made, notmisleading with respect to the period covered by this annual report;

 

3. Based on myknowledge, the financial statements, and other financial information includedin this annual report, fairly present in all material respects the financialcondition, results of operations and cash flows of the registrant as of, andfor, the periods presented in this annual report;

 

4. Theregistrant’s other certifying officer and I are responsible for establishingand maintaining disclosure controls and procedures (as defined in Exchange ActRules 13a-15(e) and 15d-15(e)) for the registrant and we have:

 

a)         designedsuch disclosure controls and procedures or caused such disclosure controls andprocedures to be designed under our supervision, to ensure that materialinformation relating to the registrant, including its consolidatedsubsidiaries, is made known to us by others within those entities, particularlyduring the period in which this annual report is being prepared;

 

b)        evaluatedthe effectiveness of the registrant’s disclosure controls and procedures andpresented in this report our conclusions about the effectiveness of thedisclosure controls and procedures, as of the end of the period covered by thisreport based on such evaluation; and

 

c)         disclosedin this report any change in the registrant’s internal control over financialreporting that occurred during the registrant’s most recent fiscal quarter (theregistrant’s fourth fiscal quarter in the case of an annual report) that hasmaterially affected or is reasonably likely to materially affect, theregistrant’s internal control over financial reporting;

 

5. The registrant’sother certifying officer and I have disclosed, based on our most recentevaluation of internal control over financial reporting, to the registrant’sauditors and the audit committee of registrant’s board of directors (or personsperforming the equivalent function):

 

a)         allsignificant deficiencies and material weaknesses in the design or operation ofinternal control over financial reporting which are reasonably likely toadversely affect the registrant’s ability to record, process, summarize and reportfinancial data; and

 

b)        anyfraud, whether or not material, that involves management or other employees whohave a significant role in the registrant’s internal control over financialreporting.

 
|                 | /s/ BENJAMIN  G.S. FOWKE III                |   |
|----------------------|---------------------------------------------|--------|
|                 | Benjamin  G.S. Fowke III                    |
|                 | Vice  President and Chief Financial Officer |
|                 |
| Date: March 3,  2005 |

 

1

----
Exhibit 32.1
 
  1.
    
    The Companys Quarterly Report on Form 10-Q for the period ended September
30, 2009, to which this Certification is attached as Exhibit 32.1 (the Periodic
Report), fully complies with the requirements of Section 13(a) or Section 15(d) of
the Exchange Act; and2.
    
    The information contained in the Periodic Report fairly presents, in all
material respects, the financial condition and results of operations of the Company.
  By:
    /s/ Carl W. HullCarl W. HullPresident and Chief Executive Officer
[Federal Register Volume 62, Number 71 (Monday, April 14, 1997)]
[Notices]
[Pages 18163-18164]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-9454]


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

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration
[Waiver Petition Docket Number H-92-3]


Westinghouse Air Brake Company; Public Hearing

    On January 15, 1997, the Federal Railroad Administration (FRA) 
published a notice in the Federal Register announcing Westinghouse Air 
Brake Company's (WABCO) request to amend the conditions of a waiver 
which had been granted in 1992 for their EPIC microprocessor-based 
locomotive braking equipment. The current waiver authorizes 1,000 
locomotives equipped

[[Page 18164]]

with EPIC braking equipment to be exempt from time interval 
requirements of Title 49 Code of Federal Regulations (CFR) Part 229.29. 
Specifically, the waiver extends the required time interval for 
cleaning, testing, and inspecting locomotive air brake valves from 736 
calendar days to five years. WABCO requests that the waiver condition 
which limits the number of locomotives to 1,000, be adjusted to include 
all locomotives in the United States that are equipped with EPIC 3102 
and EPIC II electronic brake equipment. The EPIC 3101 series electronic 
brake equipment is not included in this request.
    As a result of the comments received by FRA concerning this waiver 
petition, FRA has determined that a public hearing is necessary before 
a final decision is made on this petition. Accordingly, a public 
hearing is hereby set for 10:00 a.m. on May 12, 1997, in the 9th floor 
conference room, 1120 Vermont Avenue, N.W., Washington, D.C. 20005. 
Interested parties are invited to present oral statements at this 
hearing.
    The hearing will be informal and conducted in accordance with Rule 
25 of FRA's Rules of Practice (49 CFR part 211.25) by a representative 
designated by FRA. FRA's representative will make an opening statement 
outlining the scope of the hearing, as well as any additional 
procedures for the conduct of the hearing. The hearing will be a non-
adversary proceeding in which all interested parties will be given the 
opportunity to express their views regarding this waiver petition, 
without cross-examination. After all initial statements have been 
completed, those persons wishing to make a brief rebuttal will be given 
an opportunity to do so in the same order in which initial statements 
were made.

    Issued in Washington, D.C. on March 31, 1997.
Phil Olekszyk,
Deputy Associate Administrator for Safety Compliance and Program 
Implementation.
[FR Doc. 97-9454 Filed 4-11-97; 8:45 am]
BILLING CODE 4910-06-P
Certificate of Trust of Southwest Gas Capital II



 EXHIBIT 4.03 
  
 CERTIFICATE OF TRUST  
 OF
 
 SOUTHWEST GAS CAPITAL II 
  
 THIS CERTIFICATE OF TRUST of Southwest Gas Capital II (the “Trust”), dated as of June 23, 2003, is being duly executed and filed by the
undersigned, as trustees, to form a statutory trust under the Delaware Statutory Trust Act (12 Del. C.§§3801, et seq.) (the “Act”). 
  
 (i) Name. The name of the statutory trust being formed hereby is Southwest Gas Capital II. 
  
 (ii) Delaware Trustee. The name and business address of the trustee
of the Trust in the State of Delaware are The Bank of New York (Delaware), P.O. Box 6973, White Clay Center, Route 273, Newark, Delaware 19714. 
  
 (iii) Counterparts. This Certificate of Trust may be executed in one or more counterparts, all of which together shall constitute one and the same
instrument. 
  
 (iv) Effective Date. This Certificate of
Trust shall be effective as of its filing with the Secretary of State of the State of Delaware. 
  
 IN WITNESS WHEREOF, the undersigned, being the trustees of the Trust, have executed this Certificate of Trust as of the date first above written in
accordance with Section 3811(a) of the Act. 
  
  

	 THE BANK OF NEW YORK (DELAWARE), as
 Trustee

		
	 By:
	 	 /s/    WILLIAM T. LEWIS      


	Name:	 	William T. Lewis
	Title:	 	Senior Vice President


  
  

	GREGORY J. PETERSON, as Trustee 
	
	/s/    GREGORY J. PETERSON
	

	Gregory J. Peterson


  
  

	ROBERT M. JOHNSON, as Trustee
	
	/s/    ROBERT M. JOHNSON
	

	Robert M. Johnson
# m94_27
#### State v. Collins

105,523

09/04/13

Denied. ...

Unpublished
EXHIBIT 31.1CERTIFICATIONSI, Ron E. Hooper, certify that1. I have reviewed this quarterly report on Form 10-Q of Marine Petroleum Trust for which Bankof America, N.A. acts as Trustee; 2. Based on my knowledge, this quarterly report does not contain any untrue statement of amaterial fact or omit to state a material fact necessary to make the statements made, in lightof the 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 information included inthis report, fairly present in all material respects the financial condition, results ofoperations and cash flows of the registrant as of, and for, the periods presented in thisreport; 4. I am responsible for establishing and maintaining disclosure controls and procedures (asdefined 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 my supervision, to ensure that materialinformation relating to the registrant, including its consolidated subsidiaries, ismade known to me 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 my conclusions about the effectiveness ofthe disclosure controls and procedures, as of the end of the period covered by thisreport based on such evaluation; andc) 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 fiscal quarter in the case of an annual report) that hasmaterially affected, or is reasonably likely to materially affect, the registrant’sinternal control over financial reporting.5. I have disclosed, based on my most recent evaluation of internal control over financialreporting, to the registrant’s auditors and the audit committee of the registrant’s board ofdirectors (or persons performing the equivalent functions):a) all significant deficiencies and material weaknesses in the design or operationof internal control over financial reporting which are reasonably likely toadversely affect the registrant’s ability to record, process, summarize and reportfinancial information; andb) 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 15, 2007 /s/ RON E. HOOPER   Ron E. Hooper   Senior Vice President Royalty Management on behalf of Bank of America Private Bank, not in its individual capacity but solely as the trustee of Marine Petroleum Trust
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1000
       
<S>                             <C>                     <C>
<PERIOD-TYPE>                   9-MOS                   9-MOS
<FISCAL-YEAR-END>                          MAR-31-1997             MAR-31-1997
<PERIOD-END>                               DEC-31-1997             DEC-31-1996
<CASH>                                           1,110                     961
<SECURITIES>                                         0                       0
<RECEIVABLES>                                      797                     756
<ALLOWANCES>                                         0                       0
<INVENTORY>                                      1,362                   1,152
<CURRENT-ASSETS>                                 3,369                   3,037
<PP&E>                                           2,470                   2,312
<DEPRECIATION>                                     907                     800
<TOTAL-ASSETS>                                   5,037                   4,648
<CURRENT-LIABILITIES>                              662                     679
<BONDS>                                              0                       0
<PREFERRED-MANDATORY>                                0                       0
<PREFERRED>                                          0                       0
<COMMON>                                            33                      32
<OTHER-SE>                                       3,403                   2,981
<TOTAL-LIABILITY-AND-EQUITY>                     5,037                   4,648
<SALES>                                          3,455                   2,700
<TOTAL-REVENUES>                                 3,455                   2,700
<CGS>                                            2,007                   1,577
<TOTAL-COSTS>                                    3,079                   2,393
<OTHER-EXPENSES>                                 5,037                   4,648
<LOSS-PROVISION>                                     0                       0
<INTEREST-EXPENSE>                                  59                      69
<INCOME-PRETAX>                                    406                     287
<INCOME-TAX>                                        88                      58
<INCOME-CONTINUING>                                318                     230
<DISCONTINUED>                                       0                       0
<EXTRAORDINARY>                                      0                      99
<CHANGES>                                            0                       0
<NET-INCOME>                                       318                     328
<EPS-PRIMARY>                                      .09                     .10
<EPS-DILUTED>                                      .09                     .10
        

</TABLE>
#### State v. Edwards

106,278

08/19/13

Denied.

Unpublished
No. 12-5505.

#### Zeleke *v.*NASA Headquarters.

C. A. 4th Cir. Certiorari denied.
#### State v. Dickson

111,930

111,931

03/31/2016

Denied.

Unpubhshed
# table15
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          JUN-30-1998
<PERIOD-START>                             JUL-01-1997
<PERIOD-END>                               SEP-30-1997
<CASH>                                       1,799,157
<SECURITIES>                                         0
<RECEIVABLES>                                  567,721
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                             2,418,722
<PP&E>                                           1,768
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                               2,783,372
<CURRENT-LIABILITIES>                          899,882
<BONDS>                                              0
<COMMON>                                             8
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<OTHER-SE>                                   1,883,482
<TOTAL-LIABILITY-AND-EQUITY>                 2,783,372
<SALES>                                        608,210
<TOTAL-REVENUES>                               750,450
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                35,705
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                714,745
<INCOME-TAX>                                     2,400
<INCOME-CONTINUING>                            712,345
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   712,345
<EPS-PRIMARY>                                      .36
<EPS-DILUTED>                                      .36
        

</TABLE>
#### State v. Paulson

108,795

04/21/2016

Denied.

Unpublished
EXHIBIT 4.16 




AMENDING AGREEMENT NO.
2 



THIS AGREEMENT made the 20th day of
March, 2003. 




BETWEEN: 




ONCOLYTICS BIOTECH INC. 

(“Oncolytics”)




— and — 





WAYNE SCHNARR

(“Schnarr”) 



        WHEREAS
Oncolytics and Schnarr entered into an Employment Agreement dated the 30th day
of May, 2001 (the “Employment Agreement”) which has been amended by an
Amending Agreement dated January 1, 2002; 



        AND
WHEREAS the parties wish to amend the Employment Agreement; 



        NOW THEREFORE
the parties agree as follows: 




Section 1 –
Amendments  



        The
Employment Agreement is hereby amended by replacing Section 3(1) with the following: 



	  	
“Oncolytics
shall pay Schnarr a salary of ONE HUNDRED SEVENTY-FIVE THOUSAND ONE HUNDRED ($175,100.00)
DOLLARS CANADIAN per annum, exclusive of bonuses, benefits and other compensation, payable in equal
installments of SEVEN THOUSAND TWO HUNDRED NINETY-FIVE DOLLARS and EIGHTY-THREE CENTS
($7,295.83) CANADIAN on the 15th  and last day of each month.” 







Section 2 –
Effective Date  



     (1)    
          This Amending Agreement shall be effective from and after January 1, 2003. 












- 2 - 




     (2)    
          In all other respects the parties confirm that the Employment Agreement, as
          amended, shall remain in full force and effect. 



        IN
WITNESS WHEREOF the parties have executed this Agreement as of the day and year first
above written. 



	  	ONCOLYTICS BIOTECH INC. 








	  	Per:   /s/ Brad Thompson    
         






	  	     
    Brad Thompson
 





	  	     
    President & CEO
 








	/s/ [Illegible]
               

 	/s/ Wayne Schnarr    
         
          






	WITNESS	WAYNE SCHNARR
#### State v. Guiden

105,716

06/14/13

Denied.

Unpublished
#### State v. Dunlap

105,560

07/01/13

Denied.

46 Kan. App. 2d 924
#### Neal v. State

108,590

07/21/2015

Denied. ..

Unpublished
corpus filed in the district court in the first instance. 1NRS 34.724(2)(b); 

NRS 34.738(1). Accordingly, we 

ORDER the petition DENIED. 

cc: Monroe Charles, Sr. 

Attorney General/Carson City 

Washoe County District Attorney 

Washoe District Court Clerk 

'We express no opinion as to whether petitioner could meet the 

procedural requirements of NRS chapter 34. 

SUPREME COURT 

OF 

NEVADA 2 

(0) 1 ,147A
No. 12-5905.

#### Valentin *v.*United States.

C. A. 2d Cir. Certiorari denied.
No. 12-163.

#### Newell Window Furnishings Inc. et al. *v.*Bender et al.

C. A. 6th Cir. Certiorari denied.
# Table 10.12

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