alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT

MOISES VELASQUEZ

- MEDINA,

Petitioner,

v. LORETTA E. LYNCH, Attorney General,

Respondent. No. 13

- 70281 Agency No. A088

- 892

- 353

MEMORANDUM *

On Petition for Review of an Order of the Board of Immigration Appeals
Submitted October 14 , 2015 **
Before: SILVERMAN , BERZON, and WATFORD, Circuit Judges

. Moises Velasquez

- Medina , a native and citizen of El Salvador , petitions for

review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal

fr om an immigration judge’s decision denying his application for withholding of removal. We have jurisdiction under 8 U.S.C. § 1252. We review for substantial

* 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). 

# FILED

OCT 26 2015
MOLLY C. DWYER, CLER K U.S. COURT OF APPEAL S2 13

- 70281

evidence the agency’s factual finding s. Zhao v. Mukasey , 540 F.3d 1027, 1030 (9th Cir. 2008)

. We deny the petition for review. Substantial evidence supports the BIA ’s finding that , even if credible, Velasquez

- Medina failed to establish past persecution or a clear probability of future perse cution on acc oun t of a protected ground. See Zetino v. Holder , 622
F.3d 1007, 1015

- 1016 (9th Cir. 2010); see also Parussimova v. Mukasey , 555 F.3d 734, 740 (9th Cir. 2009) (the REAL ID Act “requires that a protected ground represent ‘one central reason’ for an asylum applicant’s persecution”). We reject Velasquez

- Medina’s contention that the agency decisions do not provide adequate

reason ing to allow a meaningful review. Thus, Velasquez

- Medina ’s withholding

of removal claim fails.

PETITION FOR REVIEW DENIED
.
#### In the Matter of Macin D. and Another, Children Alleged to be Neglected. Miguel D., Appellant; Administration for Children’s Services, Respondent.

[49 NYS3d 138]

*573Order, Family Court, Bronx County (Sarah P. Cooper, J.), entered on or about January 29, 2016, which, to the extent appealed from as limited by the briefs, found, after a hearing, that respondent father had neglected the subject children, unanimously affirmed, without costs.

A preponderance of the evidence adduced at the fact-finding hearing established that the children were neglected by the father within the meaning of the Family Court Act *(Nicholson v Scoppetta,*3 NY3d 357, 368 [2004]; Family Ct Act § 1012 [f]). The evidence before the Family Court, which included the father’s aggressive and intimidating behavior in front of the children, causing them visible distress, and incidents of domestic violence against the children’s mother while the children were present, was sufficient to establish that the children were subject to actual or imminent danger of injury or impairment of their emotional and mental condition *(see e.g. Matter of Naveah P. [Saquan P.],*135 AD3d 581 [1st Dept 2016]; *Matter of Patrice S.,*63 AD3d 620, 620-621 [1st Dept 2009]). The Family Court’s credibility determinations are entitled to deference *(Matter of Irene*O., 38 NY2d 776 [1975]; *see Matter of Allyerra E. [Alando E.],*132 AD3d 472, 473 [1st Dept 2015], *lv denied*26 NY3d 913 [2015]).

We have considered the father’s procedural and due process arguments, and find them unavailing. The father has not shown that he was prejudiced by any delay in the fact-finding proceeding.

Concur — Tom, J.P., Friedman, Mazzarelli, Kapnick and Kahn, JJ.
2017-0048.

#### Pryor v. Koukoutas.

In Habeas Corpus. On respondents’ motions to dismiss. Motions granted. Cause dismissed. On petitioner’s motion to stay and motion to strike. Motions denied.

O’Connor, C.J., and O’Donnell, Kennedy, French, O’Neill, Fischer, and DeWine, JJ., concur.
#### Timothy M. Clarkin, Respondent, v In Line Restaurant Corp., Doing Business as Shucker’s Lobster and Clam Bar, et al., Appellants.

[52 NYS3d 304]

Order, Supreme Court, New York County (Geoffrey D.S. Wright, J.), entered May 18, 2016, which, to the extent appealed from, denied defendant-appellant In Line Restaurant Corp., d/b/a Shucker’s Lobster And Clam Bar’s (In Line) motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Plaintiff alleges he was injured while patronizing Shucker’s Lobster and Clam Bar, a restaurant owned by defendant In Line and located in Hampton Bays, New York, when he stepped in a hole in the grass on the restaurant’s front lawn while playing a frisbee game called Jam Can. Defendant Scott W. Spanburgh was a shareholder and chief principal officer of In Line and was the restaurant’s manager when the accident occurred. It is undisputed that the restaurant provided the frisbee game to its patrons.

The court properly denied In Line’s motion for summary judgment. Defendants failed to establish that In Line did not create the hole in its front lawn by submitting Spanburgh’s *560deposition testimony and affidavit, because Spanburgh did not state that the lawn was inspected after it was last maintained by the outside company In Line had hired to mow the grass. They also failed to satisfy their initial burden to show that In Line lacked actual notice of the hole in its lawn, because they submitted no evidence that its employees and the outside company had received no complaints about the defect prior to the incident and that there were no similar accidents at the subject location *(see Valverde v Great Expectations, LLC,*126 AD3d 633, 633 [1st Dept 2015]). The fact that Spanburgh testified and averred that he did not receive any complaints about the condition of the lawn does not establish that In Line lacked actual notice, because he did not state that he was working when the accident happened.

Defendants also failed to satisfy their initial burden to show that In Line lacked constructive notice of the hole in its lawn, because Spanburgh’s testimony and averment that he would inspect the entire premises every time the restaurant was open is insufficient to establish when the lawn was last checked before the accident *(see Joachim v AMC Multi-Cinema, Inc.,*129 AD3d 433, 434 [1st Dept 2015]; *Baptiste v 1626 Meat Corp.,*45 AD3d 259 [1st Dept 2007]). Since defendants failed to meet their initial burden to establish that In Line did not create the defect and lacked notice that it was there as a matter of law, the burden never shifted to plaintiff to establish how long the condition existed *(see Sabalza v Salgado,*85 AD3d 436, 438 [1st Dept 2011]).

Lastly, we find that plaintiff did not assume the risk of injury by playing the frisbee game, because it is undisputed that the hole was not perfectly obvious *(see Ellis v City of New York,*281 AD2d 177 [1st Dept 2001]; *Radwaner v USTA Natl. Tennis Ctr,*189 AD2d 605, 605 [1st Dept 1993]).

Concur — Acosta, J.P., Renwick, Manzanet-Daniels, Webber and Gesmer, JJ.
<TABLE> <S> <C>

<PAGE>
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THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM
THE CONSOLIDATED CONDENSED FINANCIAL STATEMENTS ENDING SEPTEMBER 30, 1997
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</TABLE>
# DSCR recycling efforts highlighted on America Recycles Day Nov. 15  

/ Published Nov. 15, 2019
Richmond, Va. , 
Each Nov. 15 we celebrate “America Recycles Day.”  Most folks think that recycling was a product of the late 1960s, but the initiative to protect the environment got its start long before that. 

According to Jimmy Parrish, chief, Environmental Division, DLA Installation Management Richmond, “The reuse and recycling of scarce materials was well in place during America’s Colonial times.  Rags, paper, and even the bones from cattle, were all used to make other commodities needed by America’s settlers.”

“DLA Installation Management Richmond and Defense Supply Center Richmond employees have supported a very aggressive recycling program for years,” said Parrish. “Last year our efforts kept more than 168,780 pounds of white paper and 28,000 pounds of cardboard from taking up space in a landfill.  It’s really a successful team effort, from the environmentally conscientious individual employee and his or her recycling bin, to Soar 365 staff and their collections, to our recycling contractors.”

America Recycles Day is actually an offshoot of the Keep America Beautiful campaign, which was started by public and corporate firms in the early 1950s.  Single-use drink containers were becoming so popular that their wide-scale use and subsequent disposal was causing the creation of unsightly and smelly piles of trash in America’s national parks.  The Keep America Beautiful campaign initially incentivized thousands of volunteers to band together to work to return the parks to their natural beauty and keep them in that condition today. 

Parrish said, installation employees also have the opportunity to bring in their recyclables from home. 

“We know that not all residential communities can afford curbside recycling programs, so we have placed very large and noticeable bins in the parking lots adjacent to Building 59, parking Lot 9 and Building 19, near the mailbox,” He said. “Here employees can recycle glass, paper, cardboard and plastics.  Every little bit collected makes a difference!”
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<PP&E>                                         778,119
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<BONDS>                                      3,000,000
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</TABLE>
# James Pettway joins the PaCE program

/ Published Dec. 4, 2019
BATTLE CREEK, Mich., 
                James Pettway                            James Pettway is assigned to the DLA Pathways to Career Excellence (PaCE) program as a Property Disposal Specialist with Environmental duties and will be assigned to the Fort Bragg Field Site upon completion of Phase One of the program.            SHARE IMAGE:Download ImageImage DetailsPhoto By: Jace ArmstrongVIRIN: 191203-D-OS362-005James Pettway is assigned to the DLA Pathways to Career Excellence program as a Property Disposal Specialist with Environmental duties and will be assigned to the Fort Bragg Field Site upon completion of Phase One of the program. 

James comes to us from the Norfolk, Virginia area where he was a Material Examiner and Identifier working extensively at the St. Julien’s Creek site. 

Pettway is also a veteran of the United States Navy where he honorably served five years with one tour onboard the USS San Jacinto.

He has achieved a Bachelor of Science in Occupational Studies with a concentration in Industrial Technology from Old Dominion University.

In his spare time, he likes to explore and attend a variety of festivals.
# Nine DLA Distribution employees recognized for contributions to agencywide performance award

/ Published Jan. 8, 2020
NEW CUMBERLAND, Pa., 
The Sustainment Solutions Division F-35 Sustainment Integration Team has been awarded the Defense Logistics Agency’s 2019 Medium Team Performance Award.

The award recognizes the efforts of a 35-member cross-functional team from DLA and various DLA major subordinate commands, including DLA Distribution’s New Cumberland, Pennsylvania-based headquarters for developing solutions that highlight DLA’s value proposition in a dynamic global supply chain. According to the citation that accompanies the award, the team “effectively leveraged performance based strategic capabilities and unique weapon systems sustainment solutions to focus the expertise resident across the DLA Enterprise on requirements that enhance F-35 lethality.”

The team was credited with maintaining a “warfighter first” mindset with a focus on strong partnerships leveraging joint logistics enterprise opportunities as a product support provider by developing interagency opportunities, partnering with U.S. allies and engaging with industry, contributing greatly to warfighter’s mission readiness. 

“Through exceptional effort and professional expertise,” the citation reads, “this team has positioned DLA to be at the forefront as a Department of Defense product support provider, bringing organic sustainment solutions to the F-35 program.”

“The F-35 PSP assignment for North American Regional Warehousing and Global Distribution to USTC/DLA is groundbreaking,” said DLA Distribution business development director and team member. “DLA Distribution will be providing warehousing services to support the F-35 for the next 50 years. Warehousing and transportation are the first functions in shifting to organic support for the sustainment of the aircraft”

DLA Distribution employees included in the award were Joe Faris, Joe Saffron, Matthew Merrill, Ria Blackwell, James Stanford, Louis Fingerman, Lori Lucius, Abby Rudd and James McCormack.
[Federal Register Volume 63, Number 105 (Tuesday, June 2, 1998)]
[Notices]
[Page 29983]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-14634]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission


Sunshine Act Meeting

FEDERAL REGISTER CITATION OF PREVIOUS ANNOUNCEMENT: May 26, 1998, 63 FR 
28506.

PREVIOUSLY ANNOUNCED TIME AND DATE OF MEETING: May 27, 1998, 10:00 a.m.

CHANGE IN THE MEETING: The following Docket Number and Company has been 
added on the Agenda scheduled for the May 27, 1998 meeting.

------------------------------------------------------------------------
            Item No.                      Docket No. and company        
------------------------------------------------------------------------
CAG-16..........................  RP89-183-080, Williams Gas Pipelines  
                                   Central, Inc.                        
------------------------------------------------------------------------

David P. Boergers,
Acting Secretary.
[FR Doc. 98-14634 Filed 5-28-98; 4:35 pm]
BILLING CODE 6717-01-M
# L_2010278EN.01001101.xml

| 22.10.2010 | EN | Official Journal of the European Union | L 278/11 |
| --- | --- | --- | --- |

22.10.2010

EN

Official Journal of the European Union

L 278/11

---

COMMISSION REGULATION (EU) No 947/2010

of 21 October 2010

granting no export refund for skimmed milk powder in the framework of the standing invitation to tender provided for in Regulation (EC) No 619/2008

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1), and in particular Article 164(2), in conjunction with Article 4, thereof,

Whereas:

| (1) | Commission Regulation (EC) No 619/2008 of 27 June 2008 opening a standing invitation to tender for export refunds concerning certain milk products (2) provides for a standing invitation to tender procedure. |
| --- | --- |

(1)

Commission Regulation (EC) No 619/2008 of 27 June 2008 opening a standing invitation to tender for export refunds concerning certain milk products (2) provides for a standing invitation to tender procedure.

| (2) | Pursuant to Article 6 of Commission Regulation (EC) No 1454/2007 of 10 December 2007 laying down common rules for establishing a tender procedure for fixing export refunds for certain agricultural products (3) and following an examination of the tenders submitted in response to the invitation to tender, it is appropriate not to grant any refund for the tendering period ending on 19 October 2010. |
| --- | --- |

(2)

Pursuant to Article 6 of Commission Regulation (EC) No 1454/2007 of 10 December 2007 laying down common rules for establishing a tender procedure for fixing export refunds for certain agricultural products (3) and following an examination of the tenders submitted in response to the invitation to tender, it is appropriate not to grant any refund for the tendering period ending on 19 October 2010.

| (3) | The Management Committee for the Common Organisation of Agricultural Markets has not delivered an opinion within the time limit set by its Chair, |
| --- | --- |

(3)

The Management Committee for the Common Organisation of Agricultural Markets has not delivered an opinion within the time limit set by its Chair,

HAS ADOPTED THIS REGULATION:

Article 1

For the standing invitation to tender opened by Regulation (EC) No 619/2008, for the tendering period ending on 19 October 2010, no export refund shall be granted for the product and destinations referred to in point (c) of Article 1 and in Article 2 respectively of that Regulation.

Article 2

This Regulation shall enter into force on 22 October 2010.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 21 October 2010.

For the Commission, On behalf of the President,

Jean-Luc DEMARTY

Director-General for Agriculture and Rural Development

---

(1)  
  OJ L 299, 16.11.2007, p. 1.

1

(2)  
  OJ L 168, 28.6.2008, p. 20.

2

(3)  
  OJ L 325, 11.12.2007, p. 69.

3

---
No. 12-638.

#### Zahl *v.*Kosovsky et al.

C. A. 2d Cir. Certio-rari denied.
Exhibit 32.2

CERTIFICATION PURSUANT TO
                       SECTION 1350, CHAPTER 63 OF TITLE 18, UNITED STATES CODE,
                                 AS ADOPTED PURSUANT TO
                              SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

Pursuant to Section 1350, Chapter 63 of Title 18, United States Code, as adopted pursuant to Section 906
of the Sarbanes-Oxley Act of 2002, the undersigned, as chief financial officer of
Microvision, Inc. (the "Company"), does hereby certify that to the undersigned's knowledge:

1)     the Company's Form 10-Q for the quarter ended September 30, 2007
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 Company's Form 10-Q for the quarter ended September 30, 2007
fairly presents, in all material respects, the financial condition and results of operations of the Company.

|Date:November 2, 2007 | By: /s/ Jeff T. Wilson   Jeff T. Wilson
 Chief Financial Officer
|--------------------- | ----------------------------------------------------------------

---