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NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

GIWE PHILIPPE SIKI, AKA Philippe 

Forever, AKA Giwi Philippe Siki, 

Petitioner, 

 v. 

MATTHEW G. WHITAKER, Acting 

Attorney General, 

Respondent.

No. 18-70938 

Agency No. A094-746-119 

MEMORANDUM*

On Petition for Review of an Order of the

Board of Immigration Appeals

Submitted January 15, 2019**

Before: TROTT, TALLMAN, and CALLAHAN, Circuit Judges.

Giwe Philippe Siki, a native and citizen of the Democratic Republic of 

Congo, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) 

order dismissing his appeal from an immigration judge’s (“IJ”) removal order. We 

have jurisdiction under 8 U.S.C. § 1252. We review de novo questions of law. 

 

* 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).

FILED

JAN 18 2019

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 18-70938 

Mohammed v. Gonzales, 400 F.3d 785, 791 (9th Cir.2005). We deny the petition 

for review.

The BIA did not err in concluding that Siki failed to show that his waiver of 

his right to appeal was not knowing and intelligent, where he expressly told the IJ 

he wished to waive appeal, and he presented no evidence to support his contention 

that he was mentally impaired at his last removal hearing. See Chavez-Garcia v. 

Sessions, 871 F.3d 991, 996 (9th Cir. 2017) (“[A]n alien may validly waive his 

right to appeal his removal order as long as his waiver is ‘considered’ and 

‘intelligent.’” (internal citations omitted)). In reaching this conclusion, we do not 

consider the documents that Siki submitted with his opening brief because they

were not part of the administrative record. See 8 U.S.C. § 1252(b)(4)(A) (judicial 

review is limited to the administrative record); Dent v. Holder, 627 F.3d 365, 371 

(9th Cir. 2010) (stating standard for review of out of record evidence).

To the extent Siki contends his counsel was ineffective, he has not shown 

any error in the BIA’s determination, where he failed to include any evidence or 

details regarding the alleged ineffective assistance. See Mohammed, 400 F.3d at

794 (petitioner must show that the performance of counsel was so inadequate that 

it may have affected the outcome of the proceedings). 

We deny Siki’s requests at Docket Entry No. 13 for release from detention 

and assistance with housing, because the requests are not properly before the court. 
3 18-70938 

See, e.g., 8 C.F.R. § 1003.19(d) (consideration of an alien’s application or request 

regarding custody or bond “shall be separate and apart from . . . any deportation or 

removal hearing or proceeding”); Leonardo v. Crawford, 646 F.3d 1157, 1159 (9th 

Cir. 2011) (explaining that an applicant must first raise any continued detention 

challenge to the agency, before filing a habeas petition in the district court, which 

decision may then be appealed to this court).

PETITION FOR REVIEW DENIED.
Exhibit 99.1

CERTIFICATION

 

The undersigned, being an officer of U.S. Bank Trust National Association, as trustee (the “Trustee”) of the Select Notes Trust LT 2003-1 (the “Trust”) hereby makes the following certifications for inclusion as an exhibit to the Trust’s annual report on Form 10-K for the fiscal year ended December 31, 2009 (the “Annual Report”):

 

1.         The Trustee is the trustee under the Trust’s trust agreement.

 

2.         Based on my knowledge, for the period covered by the Annual Report, the Trustee has fulfilled its obligations under the Trust’s trust agreement.

 

 

 

            /s/ Beverly A Freeney                         

Name:   Beverly A. Freeney

Title:     Vice President

Date:     March 30, 2010

 

----
Nicholas J. KOSTELNY and Julianne L. Kostelny, Appellants, v. BLUEWATER BAY RESORT, LLC, and Europco Management Company of America, LLC, Appellees.

No. 1D17-3711

District Court of Appeal of Florida, First District.

September 27, 2018

**DECISION WITHOUT PUBLISHED OPINION**

AFFIRMED.
## NO. 12
- 23
- 00219 -CV
I N THE COURT OF APPEALS
TW ELFTH COURT OF APPEALS DISTRICT
TY LER, TEXAS

SAM CARLTON , APPEL LANT
V.
M CMURREY FEDERAL CREDIT UNION , A PPELLEE §
§
§ APPEAL FROM THE 7TH

J

UDICIAL DISTRICT COURT

S

MITH COUNTY, TEXAS
MEMORANDU M OPINION PER CURIAM Appellant Sam Carl ton and Appellee McMurrey Federal Credit Union filed a joint motion to va cate default judgm ent, remand for further proceedings, and expedite mandate. The parties explain their desire to “ avoid the effort , expense, a nd del ay of an appea l” and state th e ir agree ment that the default judgment against Carlton should be vacated

. We grant the motion, set aside the trial court ’ s default judgment without regard to the merits, and remand the case to the trial court for furthe r proceedings. See T EX
. R. A PP
. P. 42.1(a)(2)(B) ( in accordance with parties ’ agreement, appellate court may s et aside judgment without regard to merits and remand the case to trial court )

. All costs are taxed against the party incurring same. In accordance with the partie s’ agreement, we direct the Clerk of this Court to issue the manda t e immediately. See T EX
. R. A PP
. P. 18.1(c) ( mandate may be issued earl y if parties so agree, or for good cause on a party ’ s motion

. Opinion September 13, 2023. Panel consis ted of Worthe n, C.J., Hoyle, J., and Neeley, J.

## COURT OF APPEALS
TW ELFTH COURT OF APPEALS DISTRICT OF TEXAS
J UDGMENT

S EPTEMBER 13, 2023

NO . 12-23-00219- CV

S AM CARLTON , Appellant V. MCMURREY FEDERAL CREDIT UNION , Ap pellee

A ppeal from the 7th District Court of Smith County, Texas (Tr.Ct.No. 22-2338-A) THIS CAUSE came on to be heard on the joint motion of the Appellant and Appellee to vacate the default judgment, reman d for further proceedings, an d expedite mandate h erein, and the same being considered, it is hereby OR DERED, ADJUDGED and DECREED by this Court that the motion be granted and the trial court ’ s judgment be set aside , the case be remanded to the trial court for further proceedings, and tha t the decision be certified to the court below for observance. Costs are taxed agains t t he party incurring same. Our mandate shall issue immediately. By per curiam opinion. Panel consisted of Worthen, C.J., Hoyle, J. and Neeley, J

.
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Charts or Graphs        September 29, 2020        Earth MRI Funds Critical Minerals Projects in West Virginia
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faq        July 7, 2017        What is declination?

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faq        July 7, 2017        Why measure the magnetic field at the Earth's surface? Wouldn't satellites be better suited for space-weather studies?

faq        July 31, 2017        What do the different north arrows on a USGS topographic map mean?

Featured Story        March 6, 2023        Building maps to help geothermal energy and greater sage-grouse coexist in Nevada’s sagebrush country

Featured Story        October 14, 2015        Birds in the Bakken: Oil Development Can Affect Critical Habitat
Exhibit 32.1  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 of Merci, Inc. (the "Company") on Form 10-Q for the period ended September 30, 2009 (the Report), I, Jose Acevedo, Principal 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 requirement 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 Company's financial position and results of operations.  Date: November 10, 2009  /s/ Jose Acevedo Principal Executive Officer
CERTIFICATION PURSUANT TO

18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT 0F 2002

In connection with the Quarterly Report of Medical International Technology, Inc. (the "Company") on Form 10-QSB for the period ending December 31, 2004, as filed with the Securities and
Exchange Commission on the date hereof (the "Report"), I, Karim Menassa, President and Principal 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) 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.

|\s\ Karim Menassa                        
|-----------------------------------------
|                                         
|Karim Menassa                            
|President and Principal Executive Officer
|                                         
|February 19, 2005                        

---
Benjamin James FREEMAN, Appellant, v. STATE of Florida, Appellee.

Case No. 2D16-5535

District Court of Appeal of Florida, Second District.

Opinion filed September 12, 2018

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
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Featured Films and Shorts        September 30, 2017        USGS Hurricane Preparedness

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STATE of Louisiana v. Richard Nathaniel MILLER

NO. 2018-KH-0504

Supreme Court of Louisiana.

October 15, 2018

Reconsideration denied.
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FOURTH DISTRICT

ROBERT TATE,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

Nos. 4D17-1913 and 4D17-1938

[May 10, 2018]

Consolidated appeals from the Circuit Court for the Fifteenth Judicial 

Circuit, Palm Beach County; John S. Kastrenakes, Judge; L.T. Case Nos. 

50-2014-CF008562A and 50-2015-CF006067A.

Jack A. Fleischman of Fleischman & Fleischman, P.A., West Palm 

Beach, for appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, and Georgina 

Jimenez-Orosa, Senior Assistant Attorney General, West Palm Beach, for 

appellee.

PER CURIAM.

Affirmed.

WARNER, GROSS and TAYLOR, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
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Data Release        June 12, 2023        Stream Temperature, Conductivity, eDNA, and Streamflow Data from the Big Creek and Monumental Creek Tributaries of the Lower Middle Fork Salmon River, Idaho 2021
p. 1 of 2 

From: Palazzolo, Michael A. [mailto:Michael.Palazzolo@alcoa.com] 

Sent: Tuesday, August 27, 2013 11:04 AM 

To: Putney, David 

Subject: RE: RE: FW: massena east potlines 

David, 

Alcoa has announced the permanent shut down of Potline 1, formally notified NY 

DEC and NY DEC is revising our Title V now to reflect the shut down. So, there is 

really no question regarding whether Potline 1 should be removed from the 

analysis. The allowable emissions (primary control and secondary emission) 

should be reduced by 1/3 to reflect the change. 

Thank you, 

Mike 

Michael Palazzolo 

Alcoa Inc. 

201 Isabella Street 

Pittsburgh, PA 15212-5858 

Ph: 412-553-4832 

From: Putney, David [mailto:putney.david@epa.gov] 

Sent: Tuesday, August 27, 2013 10:48 AM 

To: Palazzolo, Michael A. 

Subject: EXT: RE: FW: massena east potlines 

Mike, 

Thanks so much – I really appreciate this information. 

Also, I spoke with Chuck about reducing the production capacity at this facility for purposes of 

estimating the emissions used in the upcoming modeling. He indicated a willingness to reduce actual 

emissions estimates by 1/3 to reflect actual conditions (i.e., the pending shutdown of potline 1). 

However, in order to be consistent with what we have done with other industry sectors, he indicated 

that maybe we should estimate allowable emissions based on operation of all three potlines - if it is 

the case that potline 1 can still be legally operated. Is potline 1 still on your Title V permit? If so, do you 

intend to have it removed from the permit at the next renewal? 

Thanks again, 

David Putney, Environmental Engineer 

U.S. Environmental Protection Agency 

Office of Air Quality Planning and Standards 

Sector Policies and Programs Division 
p. 2 of 2 

109 T.W. Alexander Drive, RTP, NC 27711 

Mail Drop D243-02 

Ph: (919) 541-2016 Fax: (919) 541-3207 

Email: putney.david@epa.gov

From: Palazzolo, Michael A. [mailto:Michael.Palazzolo@alcoa.com] 

Sent: Tuesday, August 27, 2013 9:56 AM 

To: Putney, David 

Subject: FW: FW: massena east potlines 

David, 

The rooms to the far right are Line 1. See red lines marked on attached 

version of photo. 

Thanks, 

Mike 

Michael Palazzolo 

Alcoa Inc. 

201 Isabella Street 

Pittsburgh, PA 15212-5858 

Ph: 412-553-4832 

From: Rufa, Nathan P. 

Sent: Tuesday, August 27, 2013 9:53 AM 

To: Palazzolo, Michael A.; Parent, Jordan J. 

Subject: RE: FW: massena east potlines 

The two rooms on the far right (see pic). Farthest right room is Room 1 and the room to the left of 

that is Room 2.
##### 



Exhibit 31.1
 CERTIFICATION
PURSUANT TO SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002
      a)
    
    Designed such disclosure controls and procedures, or caused such disclosure controls and
procedures to be designed under my supervision, to ensure that material information relating
to the registrant, including its consolidated subsidiaries, is made known to me by others
within those entities, particularly during the period in which this report is being prepared;b)
    
    [Paragraph omitted pursuant to SEC Release Nos. 33-8238 and 34-47986];
 c)
    
    Evaluated the effectiveness of the registrants disclosure controls and procedures and
presented in this report my conclusions about the effectiveness of the disclosure controls and
procedures, as of the end of period covered by this report based upon such evaluation; and
 d)
    
    Disclosed in this report any change in the registrants internal control over financial
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 has materially affected, or is
reasonably likely to materially affect, the registrants internal control over financial
reporting; and
  a)
    
    All significant deficiencies and material weaknesses in the design or operation of internal
control over financial reporting which are reasonably likely to adversely affect the
registrants ability to record, process, summarize and report financial information; and
 b)
    
    Any fraud, whether or not material, that involves management or other employees who have a
significant role in the registrants internal control over financial reporting.
  By:
    
    /s/ DAVID A. VANASKEY, JR.Name: David A. Vanaskey, Jr.Title: Vice President Wilmington Trust Company
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Photography        May 23, 2011        This Mauna Loa's summit shows the cinder-cone and lava flows that w...

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