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NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

CESAR MENDEZ ZOLANO, AKA Ubaldo Cabrera

- Diaz, AKA Cesar Mendez

Zolano,

Petitioner,

v.
JEFFERSON B. SESSIONS III, Attorney General,

Respondent. No. 15

- 73099

Agency No. A095

- 140

- 268

MEMORANDUM *

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

Submitted March 8, 2017 **

Before: LEAVY, W. FLETCHER, and OWENS, Circuit Judges.

Cesar Mendez Zolano , a native and citizen of Mexico , petitions for review
of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an

* This disposition is not appropriate for publication and is not precedent except as pro vided 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). 

# FILED

MAR 16 2017

MOLLY C. DWYER, CLER K U.S. COURT OF APPEAL S2 15

- 73099

immigration judge’s decision denying cancellation of removal and voluntary

departure . We have jurisdiction under 8 U.S.C. § 1252. We review factual

findings for substantial evidence, Ramos v. I.N.S. , 246 F.3d 1264, 1266 (9th Cir.

2001), and review de novo questions of law, Kumar v. Holder , 728 F.3d 993, 99 8
(9th Cir. 2013)

. We deny the petition for review.

Substantial evidence supports the agency’s determination that Mendez

Zolano is statutorily ineligible fo r cancellation of removal based on a lack of good

moral character where he provided false testimony under oath and did not recant

until he had been in proceedings for more than two years

. See 8 U.S.C.

§ § 1101(f)(6) ( barring a finding of good moral character for any person who has

given false testimony for the purpose of obtaining any immigration benefit) ;
1229b(b)(1)(B); Valadez

- Munoz v. Holder , 623 F.3d 1304, 1310 (9th Cir. 2010)
(“recantation must be voluntary and without delay” (citation and quotation marks

omitted)).

The BIA did not err in rejecting Mendez Zolan o’s contention that his false

testimony was caused by ineffective assistance of counsel, where Mendez Zolano

failed to comply with Matter of Lozada , 19 I. & N. Dec. 637 (BIA 1988), and the

alleged ineffective assistance of counsel was not plain on the face of the record.

T he agency did not violate due process in pretermitting without a further

hearing Mendez Zolano’s applications for cancellation of removal and voluntary3 15

- 73099

departure based on failure to show good moral character
, where Mendez Zolano

was afforded the opportunity t o brief his eligibility, and has not establish ed that he

was prejudiced by the denial of further hearings in his case. See Lata v. INS , 204
F.3d 1241, 1246 (9th Cir. 2000) (an alien must show error and prejudice to prevail

on a due process claim).

PETITION FOR REVIEW DENIED.
[Federal Register Volume 63, Number 130 (Wednesday, July 8, 1998)]
[Notices]
[Page 36882]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-18120]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration
[I.D. 051398B]


Marine Mammals

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Issuance of permit amendment.

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

SUMMARY: Notice is hereby given that the Southwest Fisheries Science 
Center, Honolulu Laboratory, NMFS, 2570 Dole Street, Honolulu, Hawaii 
96822-2396, has been issued a permit to ``take'' Hawaiian monk seals 
(Monachus schauinslandi) for purposes of scientific research.

ADDRESSES: The amendment and related documents are available for review 
upon written request or by appointment in the following offices:
    Permits Division, Office of Protected Resources, NMFS, 1315 East-
West Highway, Room 13130, Silver Spring, MD 20910 (301/713-2289);
    Regional Administrator, Southwest Region, NMFS, 501 West Ocean 
Boulevard, Suite 4200, Long Beach, CA 90802-4213 (310/980-4001); and
    Protected Species Program Coordinator, Pacific Area Office, 
Southwest Region, NMFS, 2570 Dole Street, Room 106, Honolulu, HI 96822-
2396 (808/973-2987).

SUPPLEMENTARY INFORMATION: On April 15, 1998, notice was published in 
the Federal Register (63 FR 18377) that an amendment of Permit No. 848-
1335, issued June 10, 1997 (62 FR 32586), had been requested by the 
above-named organization. The requested amendment has been issued under 
the authority of the Marine Mammal Protection Act of 1972, as amended 
(16 U.S.C. 1361 et seq.), the Regulations Governing the Taking and 
Importing of Marine Mammals (50 CFR Part 216), the Endangered Species 
Act (ESA) of 1973, as amended (16 U.S.C. 1531 et seq.), and the 
Regulations Governing the Taking, Importing, and Exporting of 
Endangered Fish and Wildlife (50 CFR part 222).
    Issuance of this amendment, as required by the ESA, was based on a 
finding that such permit: (1) was applied for in good faith; (2) will 
not operate to the disadvantage of the endangered species which is the 
subject of this permit; and (3) is consistent with the purposes and 
policies set forth in section 2 of the ESA.

    Dated: June 30, 1998.
Ann D. Terbush,
Chief, Permits and Documentation Division, Office of Protected 
Resources, National Marine Fisheries Service.
[FR Doc. 98-18120 Filed 7-7-98; 8:45 am]
BILLING CODE 3510-22-F
## COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 02

- 14

- 00071

- CV

IN RE SANDY RAY DICK ERSON RELATOR

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

ORIGINAL PROCEEDING

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



### MEMORANDUM OPINION 1

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

The co urt has considered relator’s petition for writ of man damus and is of

the opinion that relief should be denied. Accordingly, relator’s petition for writ of

mandamus is denied.

PER CURIAM

PANEL: MCCOY, J.; LIVINGSTON, C.J.; and MEIER, J.

DELIVERED: March 6, 2014

1 See Tex. R. App. P. 47.4, 52.8 (d).
No. 10-11220.

#### Feliciano Gilberto Rojas-Vivar, Petitioner v. United States.

565 U.S. 873, 132 S. Ct. 229,

181 L. Ed. 2d 128,

2011 U.S. LEXIS 6879.

October 3, 2011.

Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

Same case below, 424 Fed. Appx. 665.
AMENDMENT
NO. 3 TO SECURED SUBORDINATED


PROMISSORY
NOTES AND WARRANTS





DCAP
GROUP, INC.


1158
Broadway


Hewlett,
New York 11558





September
30, 2007





Jack
Seibald as representative and attorney-in-


fact for
the holder of the Secured Subordinated


Promissory
Note of DCAP Group, Inc., dated


July 11,
2005, in the principal amount of


$115,384.61
as set forth on Schedule A attached hereto


1336
Boxwood Drive West


Hewlett
Harbor, NY  11557





Dear
Jack:





Reference is made to the Secured
Subordinated Promissory Note of DCAP Group, Inc. (the “Company”), dated July 11,
2005, in the principal amount of $115,384.61 (the “Note”) and held by the person
set forth on Schedule A attached hereto (the “Noteholder”).





Reference is also made to the Warrant
issued by the Company, dated July 11, 2005, to the Noteholder for the purchase
of 7,500 shares of Common Stock of the Company (the “Warrant”).





All capitalized terms used and not
defined herein shall have the meanings ascribed thereto in the
Note.





The parties agree that, in
consideration of the extension hereby of the outside date by which the Warrant
may be exercised from 5:00 P.M., Eastern Time, on September 30, 2007 to 5:00
P.M., Eastern Time, on September 30, 2008, the Maturity Date for the Note is
hereby extended from September 30, 2007 to September 30, 2008.  Except
as amended hereby, the Note and the Warrant shall continue in full force and
effect in accordance with their respective terms.





Very
truly yours,





DCAP
GROUP, INC.





By:





Agreed:







Jack
Seibald, as representative and attorney-in-


fact for
the holder of the Secured Subordinated


Promissory
Note of DCAP Group, Inc., dated


July 11,
2005, in the principal amount of


$115,384.61
as set forth on Schedule A attached hereto


1932625.1


SCHEDULE
A








Name
            Outstanding
      Principal
              Amount of Note
            Number
      of Shares
              of
      Common Stock
              Subject to WarrantMarcia
      Seibald
            $115,384.61
            7,500
(Letterhead  of  Bongiovanni  &  Associates)


                                                           555 S. Powerline Road
                                                    Pompano Beach, Florida 33069

(954)  979-5353  Office
(954)  979-6695  fax

To  the  Board  of  Directors  and  Stockholders:
Metwood,  Inc.
819  Naff  Road
Boones  Mill,  VA  24065

September  24,  2001

Gentlemen:

We  hereby  consent to the use of our audit report of Metwood, Inc. dated August
25,  2001  for  the year ended June 30, 2001 in the Form 10-KSB of Metwood, Inc.
dated  September  24,  2001.









/s/Bongiovanni  &  Associates
-----------------------------
Dennis B. Goodnight became Deputy Director of DLA Distribution Oklahoma 

City, Oklahoma in November 2016.

A native of Oklahoma, Goodnight began his career in the United States Army 

in 1980, retiring in 2001. He served in numerous Infantry Leadership positions, 

including a combat tour with the 101st Airborne Division in Desert Storm. Other 

assignments include Army Aviation, Army Recruiting Command and Civil Affairs/

Psychological operations. Goodnight holds a Bachelor of Science in Business 

Administration from the University of Phoenix and a Master of Science in Public 

Administration from the University of Oklahoma.

At the conclusion of his Army career, he began his current career with DLA 

Distribution Oklahoma City where he was assigned as a Woodworker. During 

this period, he was chosen to write the Government’s bid for Depot Operations in 

the OMR Circular A-76 Public Private competition, where he remained until DLA Distribution Oklahoma City was 

designated as a Strategic Distribution Platform. In 2005, he was selected as Deputy Operations Division Chief where 

he planned and assisted HQ DLA Distribution implement BRAC at Tinker AFB. In 2006, Goodnight stood up and 

Managed the Performance Excellence Office as well as forming the genesis of the VPP program office at DDOO. In 

2007, he was selected to manage the Support Services Division where he served until his present assignment as Deputy 

Director.

Goodnight’s military education includes the US Army Basic, Advanced and Senior Non Commisioned Officers Schools, 

Army Recruiting School, Platform Instructor’s School and Operations and Intelligence School.

His military awards and decorations include the Meritorious Service Medal, Army Commendation Medal (3OLC), 

Army Achievement Medal (5OLC), Korea Service Medal, Southwest Asia Service Medal (3BSS), Liberation of Kuwait 

Medals from the Government of Saudi Arabia and Kuwait.

DLA Distribution Oklahoma City, Oklahoma

Mr. Dennis. B. Goodnight

Deputy Director
No. 11-5330.

#### Timothy Eugene Mack, Petitioner v. L. E. Scribner, Warden, et al.

565 U.S. 901, 132 S. Ct. 297,

181 L. Ed. 2d 181,

2011 U.S. LEXIS 5482.

October 3, 2011.

Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.
No. 10-1442.

#### James Edward Ablard, Petitioner v. City of Alexandria, Virginia.

565 U.S. 821, 132 S. Ct. 108,

181 L. Ed. 2d 34,

2011 U.S. LEXIS 6971.

October 3, 2011.

Petition for writ of certiorari to the Supreme Court of Virginia denied.
I 

116TH CONGRESS 

1ST SESSION H. R. 3057 

To amend the SUPPORT for Patients and Communities Act to provide 

for immediate eligibility for former foster youth under Medicaid. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 3, 2019 

Ms. BASS introduced the following bill; which was referred to the Committee 

on Energy and Commerce 

A BILL 

To amend the SUPPORT for Patients and Communities 

Act to provide for immediate eligibility for former foster 

youth under Medicaid. 

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 ‘‘Immediate Coverage 

5 for Former Foster Youth Act’’. 

6 SEC. 2. PROVIDING FOR IMMEDIATE MEDICAID ELIGI7 BILITY FOR FORMER FOSTER YOUTH. 

8 Section 1002(a)(2) of the SUPPORT for Patients 

9 and Communities Act (Public Law 115–271) is amended 

10 by striking ‘‘January 1, 2023’’ and inserting ‘‘the date 


kjohnson on DSK79L0C42 with BILLS
2 

•HR 3057 IH

1 of enactment of the Immediate Coverage for Former Fos2 ter Youth Act’’. 

Æ 


kjohnson on DSK79L0C42 with BILLS
Exhibit
      32.2





CERTIFICATION
      PURSUANT TO


SECTION
      906 OF THE SARBANES-OXLEY ACT OF 2002


(18
      U.S.C. SECTION 1350)





In
      connection with the Quarterly Report of DigitalTown, Inc. (the “Company”), on Form 10-Q for
      the period ending November 30, 2007 as filed with the Securities and Exchange
      Commission (the “Report”), the undersigned
      hereby certifies, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002
      (18
      U.S.C. Section 135)), that to my 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 result of operations of the
                Company.







Date:
      January 14, 2008






/s/  Paul
      R.
      Gramstad


Paul
      R.
      Gramstad


Chief
      Financial Officer
<TABLE> <S> <C>

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

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          OCT-31-2000
<PERIOD-START>                             NOV-01-1999
<PERIOD-END>                               JAN-31-2000
<CASH>                                           2,981
<SECURITIES>                                         0
<RECEIVABLES>                                   34,201
<ALLOWANCES>                                         0
<INVENTORY>                                     16,285
<CURRENT-ASSETS>                                58,628
<PP&E>                                         189,465
<DEPRECIATION>                                  70,250
<TOTAL-ASSETS>                                 233,636
<CURRENT-LIABILITIES>                           97,916
<BONDS>                                        155,824
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             1
<OTHER-SE>                                    (69,228)
<TOTAL-LIABILITY-AND-EQUITY>                   233,636
<SALES>                                         60,353
<TOTAL-REVENUES>                                60,363
<CGS>                                           53,555
<TOTAL-COSTS>                                   63,367
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               5,577
<INCOME-PRETAX>                                (8,591)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            (8,591)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (8,591)
<EPS-BASIC>                                          0
<EPS-DILUTED>                                        0


</TABLE>
IN REPLY

REFER To

DEFENSE LOGISTICS AGENCY
DEFENSE REUTILIZATION AND MARKETING SERVICE
74 WASHINGTON AVENUE NORTH, SUITE 6
BATTLE CREEK, MICHIGAN 49017-3092

DRMS-US

MEMORANDUM FOR DLA MMLSI
ATTN: MR. BOB VITKO

SUBJECT: Request for Waiver on Use of Disposal Turn In
Document (DTID) DD Form 1348-1/1A

This memorandum requests a waiver to DoD 4000.25-1-M
requiring the use of a Disposal Turn In Document (DTID),
DD Form 1348-1/1A with handwritten signature for receipt of
property, particularly hazardous property.

DRMS was designated to operate the DoD hazardous waste
(HW) program in accordance with Defense Environmental
Quality Program Policy Memorandum (DEQPPM) 80-8 dated
October 21, 1980. To administer this program, DRMS uses the
Defense Reutilization and Marketing Automated Information
System (DAISY) and Base Operations Support System (BOSS).
DRMS is working actively with Defense Environmental Security
Corporate Information Management (DESCIM) Hazardous
Substance Management System (HSMS) to persuade the military
services to use electronic turn-in procedures.

DRMS has developed a PC application that interfaces
with DAISY and BOSS to eliminate redundant data entry at the
Defense Reutilization and Marketing Offices (DRMOs) for
receipt of Hazardous Property (HP), including hazardous
waste for disposal processing. This application is
known as the Single Hazardous Input Program (SHIP) which
allows DRMOs to accept electronic turn in data from
generating activities while reducing the number of redundant
and repetitive keystrokes required. A part of SHIP, called
Generator Communication (GENCOM), provides the generator the
software to allow electronic transfer of data to the DRMO
eliminating the hard copy documentation requirement.

At the present time, each turn-in of property,
including hazardous, requires that a hard copy DD Form 1348- i
1/1A be produced by the generator and furnished to the DRMO. H
SHIP proposes elimination of the hard copy DD Form 1348-1/1A
by using SHIP GENCOM and an automated data set. The data
set was developed using current computer technology by
generating an automated DD Form 1348-1/1A which provides all
data required for turn-in to DRMO for disposal processing.

Federal Recycling Program < Printed on Recycled Paper H


DRMS will obtain a Memorandum of Understanding (MOU)
with each generating activity specifying the operation,
funding, logins, and documentation to suppor? SHIP.

DRMS is also pursuing the development of the Electronic
Data Interchange (EDI) 940 transaction set for DRMO turn-
ins; however, this is not expected to occur soon.

Request your expeditious attention to this waiver
request. DRMS point of contact is Michael Dawson, DRMS-USP,

(DSN) 932-5311.

STANLEY L. COLEMAN
Director
Disposal Operations
**Exhibit 32.2****SECTION 1350 CERTIFICATION OF CHIEF FINANCIAL**I, Richard L. Travis, Jr., Chief Financial Officer of Ennis, Inc. (the “Company”), certify, thatpursuant to Section 1350 of Chapter 63 of Title 18 of the United States Code: (1) The Company’s Annual Report on Form 10-K for the year ended February 28, 2007, as filedwith the Securities Exchange Commission on the date hereof (the “Report”) fully complieswith the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934, asamended; and  (2) Information contained in the Report fairly presents, in all material respects, thefinancial condition and result of operations of the Company as of the dates and for theperiods expressed in the Report.   /S/ RICHARD L. TRAVIS, JR.     Richard L. Travis, Jr.  Chief Financial Officer  May 9, 2007  *The foregoing Certification is being furnished solely pursuant to 18 U.S.C. Section 1350; it is notbeing filed for purposes of Section 18 of the Securities Exchange Act, and is not to beincorporated by reference into any filing of the Company, whether made before or after the datehereof, regardless of any general incorporation languages in such filing.*
#### *State, Respondent, v. Wintermeier, Petitioner,*

No. 92131-8.

Petition for review of a decision of the Court of Appeals, No. 32612-8-III, July 30, 2015, 189 Wn. App. 1016. *Granted on a specific issue*and case *remanded*to the trial court February 10, 2016.
Exhibit 31.2

CERTIFICATE PURSUANT TO

RULES 13a-14(a) and 15d-14(a),

AS ADOPTED PURSUANT TO

SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002

I, Jay Friedman, certify that:

1. I have reviewed this annual report on Form 10-K/A of
Claires Stores, Inc.; and

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.



|             |  |                                   
|------------ |  | ----------------------------------
|May 15, 2012 |  | /s/ Jay Friedman                  
|             |  | Jay Friedman                      
|             |  | Interim Co-Chief Executive Officer
No. 10-10827.

#### Rumaldo Garza, Petitioner v. United States.

565 U.S. 851, 132 S. Ct. 177,

181 L. Ed. 2d 88,

2011 U.S. LEXIS 6575.

October 3, 2011.

Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

Same case below, 412 Fed. Appx. 26.
No. 10-11116.

#### William Curtis Hope, Petitioner v. United States.

565 U.S. 867, 132 S. Ct. 216,

181 L. Ed. 2d 118,

2011 U.S. LEXIS 7134.

October 3, 2011.

Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

Same case below, 408 Fed. Appx. 695.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               JUN-30-1999
<CASH>                                      11,497,000
<SECURITIES>                                         0
<RECEIVABLES>                               24,791,000
<ALLOWANCES>                                 1,578,000
<INVENTORY>                                          0
<CURRENT-ASSETS>                            36,318,000
<PP&E>                                       6,554,000
<DEPRECIATION>                                 935,000
<TOTAL-ASSETS>                             159,561,000
<CURRENT-LIABILITIES>                       27,970,000
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        16,000
<OTHER-SE>                                 110,092,000
<TOTAL-LIABILITY-AND-EQUITY>               159,561,000
<SALES>                                              0
<TOTAL-REVENUES>                            44,706,000
<CGS>                                                0
<TOTAL-COSTS>                               25,677,000
<OTHER-EXPENSES>                               558,000
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                           3,741,000
<INCOME-PRETAX>                           (38,555,000)
<INCOME-TAX>                                   150,000
<INCOME-CONTINUING>                       (38,705,000)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                              (38,705,000)
<EPS-BASIC>                                     (1.97)
<EPS-DILUTED>                                   (1.97)


</TABLE>