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NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

YONGJUN TANG,

Petitioner,

v.

JEFFERSON B. SESSIONS III, Attorney

General,

Respondent. No. 15

- 73646

Agency No. A087

- 885

- 130

MEMORANDUM *

On Petition for Review of an Order of the

Board of Immigration Appeals

Submitted February 13, 2018 **

Before: LEAVY, FERNANDEZ, and MURG U IA, Circuit Judges.

Yongjun Tang , a native and citizen of China , petitions for review of the

Board of Immigration Appeals’ or der dismissing his appeal from an immigration

judge ’ s decision denying his application for asylum, withholding of removal, and

relief under the Convention Against Torture (“CAT”). We have jurisdiction

* 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

FEB 22 2018

MOLLY C. DWYER, CLER K

U.S. COURT OF APPEAL S2 15

- 73646

under 8 U.S.C. § 1252. We review for substantial e vidence the agency’ s factual

findings, applying the standards governing adverse credibility determinations

created by the REAL ID Act, Shrestha v. Holder , 590 F.3d 1034, 1039

- 40 (9th Cir.

2010), and we deny the petition for review.

Substantial evidence sup ports the agency’s adverse credibility determination

based on inconsistencies with in Tang’s testimony and between Tang’s testimony

and documentary evidence as to his residence in the U.S., and the dates of his

marriages and divorce

, Tang’s demeanor during the hearing, and the implausibility

of Tang’s claimed fear of calling his wife

. See id. at 1048 (adverse credibility

determination was reasonable under the “totality of the circumstances”). Tang’s

explanations do not compel a contrary result. See Lata v . INS

, 204 F.3d 1241,

1245 (9th Cir. 2000) . In the absence of credible testimony, in this case, Tang’s

asylum and withholding of removal claims fail. See Farah v. Ashcroft , 348 F.3d

1153, 1156 (9th Cir. 2003).

Further, Tang’s CAT claim also fails because it is based on the same

testimony the agency found not credible, and the record does not otherwise compel

the conclusion t hat it is more likely than not he would be tortured if returned to3 15

- 73646

China. See id. at 1156

- 57.

PETITION FOR REVIEW DENIED.
STATE of Louisiana v. Jarret Jean MCCASLAND

NO. 2017-K-0823

Supreme Court of Louisiana.

March 2, 2018

Not considered. Not timely filed. See Supreme Court Rule X, § 5(a).
Matthew JOHNSON, Appellant, v. STATE of Florida, Appellee.

No. 1D18-2355

District Court of Appeal of Florida, First District.

February 12, 2019 Rehearing Denied April 25, 2019

Matthew Johnson, pro se, Appellant.

Ashley B. Moody, Attorney General, and Amanda D. Stokes, Assistant Attorney General, Tallahassee, for Appellee.

Per Curiam.

AFFIRMED .

Roberts, Wetherell, and Makar, JJ., concur.
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Michigan Supreme Court

Lansing, Michigan

Marilyn Kelly,

 Chief Justice

Michael F. Cavanagh

Elizabeth A. Weaver

Maura D. Corrigan

Robert P. Young, Jr.

Stephen J. Markman

Diane M. Hathaway, Justices

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the 

foregoing is a true and complete copy of the order entered at the direction of the Court. 

 _________________________________________ 

 Clerk

March 29, 2010 

0322 

Order 

 

March 29, 2010 

140226 

PEOPLE OF THE STATE OF MICHIGAN, 

Plaintiff-Appellee, 

v SC: 140226 

 COA: 294471 

Oakland CC: 2008-218952-FH 

IVAN JOE LOURIS, 

Defendant-Appellant. 

_________________________________________/ 

 On order of the Court, the application for leave to appeal the November 13, 2009 

order of the Court of Appeals is considered, and it is DENIED, because we are not 

persuaded that the question presented should be reviewed by this Court.
Joseph Rodney MCLAIN, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).

CASE NO.: 2D19-0532

District Court of Appeal of Florida, Second District.

March 26, 2019

BY ORDER OF THE COURT:

Petitioner's petition for belated appeal is denied. See Jordan v. State, 549 So. 2d 805, 806 (Fla. 1st DCA 1989).

MORRIS, BLACK, and ROTHSTEIN-YOUAKIM, JJ., Concur.
EXHIBIT 32.3

CERTIFICATION OF CHIEF EXECUTIVE OFFICER

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 Annual Report of Metals USA, Inc. (the Company) on Form 10-K for the year ended December 31, 2007 (the
Periodic Report), I, C. Lourenço Gonçalves, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that:



| | 1. | To my knowledge, the Periodic Report fully complies with the requirements of Section 13(a) or 15(d), as applicable, of the Securities Exchange Act of 1934; and
| | -- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------



| | 2. | The information contained in the Periodic Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
| | -- | -------------------------------------------------------------------------------------------------------------------------------------------------------------



|                         |  |  |  |                                      
|------------------------ |  |  |  | -------------------------------------
|Dated: February 20, 2008 |  |  |  | /s/ C. Lourenço Gonçalves            
|                         |  |  |  | C. Lourenço Gonçalves                
|                         |  |  |  | President and Chief Executive Officer

The foregoing Certification is being furnished solely pursuant to Section 906 of the Act and
is not being filed as part of the Report or as a separate disclosure statement.

A signed original of this written statement required by
Section 906 has been provided to the Company and will be retained by the Company and furnished to the Securities and Exchange Commission or its staff upon request.
George Edward ARMSTRONG, Jr. v. STATE

CR-16-0558

Court of Criminal Appeals of Alabama.

October 6, 2017

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
Kevin FOSTER-BEY, Appellant, v. STATE of Florida, Appellee.

No. 1D18-1587

District Court of Appeal of Florida, First District.

May 15, 2019

FLORIDA DECISIONS WITHOUT PUBLISHED OPINIONS

AFFIRMED.
# C_2021217EN.01001702.xml

| 7.6.2021 | EN | Official Journal of the European Union | C 217/17 |
| --- | --- | --- | --- |

7.6.2021

EN

Official Journal of the European Union

C 217/17

---

Appeal brought on 12 November 2020 by Validity Foundation — Mental Disability Advocacy Centre and Center for Independent Living Association against the order of the General Court (Seventh Chamber) delivered on 2 September 2020 in Case T-613/19, ENIL Brussels Office e.a. v Commission

(Case C-622/20 P)

(2021/C 217/25)

Language of the case: English

Parties

Appellants: Validity Foundation — Mental Disability Advocacy Centre and Center for Independent Living Association (represented by: B. Van Vooren, advocaat, P. Bogaert, advocaat, L. Gorywoda, adwokat)

Other parties to the proceedings: European Commission and European Network on Independent Living Brussels Office (ENIL Brussels Office)

By order of 15 April 2021, the Court of Justice (Ninth Chamber) decided that the appeal is dismissed as manifestly unfounded and ordered appellants to bear their own costs.

---
**Exhibit32**

CERTIFICATIONPURSUANT TO

18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THESARBANES-OXLEY ACT OF 2002

 In connection with the quarterly  report of Ecotality, Inc. (the “Company”) onamendment number 1 to Form 10-QSB for the three months ended March 31, 2007, asfiled with the Securities and Exchange Commission on the date hereof (the “Report”),I, Jonathan R. Read, acting in the capacity as the Chief Executive Officer ofthe Company, and I, Barry S. Baer, acting in the capacity as the ChiefFinancial Officer of the Company, certify to the best of our knowledge,pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of theSarbanes-Oxley Act of 2002, that:

(1)          TheReport fully complies with the requirements of section 13(a) or 15(d) of theSecurities Exchange Act of 1934; and

(2)          Theinformation contained in the Report fairly presents, in all material respects,the financial condition and result of operations of the Company.
| /s/ Jonathan R. Read                                   |   |        |
|--------------------------------------------------------|--------|--------|
|      Jonathan  R. Read        |   |
|      Chief  Executive Officer |   |
|      August  1, 2007          |   |
|                                                   |   |
|                                                   |   |
| /s/ Barry S. Baer                                      |   |   |
|      Barry  S. Baer           |   |
|      Chief  Financial Officer |   |
|      August  1, 2007          |   |
|                                                        |        |        |  |

 

----
EXHIBIT 31.2


CERTIFICATION
PURSUANT TO 18 U.S.C. ss. 1350,


AS
ADOPTED PURSUANT TO SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002





I, J
Roland Vetter, certify that:





1. I have
reviewed this quarterly report on Form 10-Q of Dynamic Alert
Limited;





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 quarterly report;





3. Based
on my knowledge, the financial statements, and other financial information
included in this report, fairly present in all material respects the financial
condition, results of operations and cash flows of the Registrant as of, and
for, the periods presented in this report;





4. The
Registrant’s other certifying officer and I are responsible for establishing and
maintaining disclosure controls and procedures (as defined in Exchange Act Rules
13a-14 and 15d-14) for the Registrant and I have:





a)
            designed
      such disclosure controls and procedures to ensure that material
      information relating to the Registrant, including its consolidated
      subsidiaries, is made known to us by others within those entities,
      particularly during the period in which this quarterly report is being
      prepared;





b)
            evaluated
      the effectiveness of the Registrant's disclosure controls and procedures
      as of a date within ninety (90) days prior to the filing date of this
      quarterly report (the "Evaluation Date");
and





c)
            presented
      in this report our conclusions about the effectiveness of the disclosure
      controls and procedures based on our evaluation as of the Evaluation
      Date;





5. The
Registrant’s other certifying officer and I have disclosed, based on our most
recent evaluation, to the Registrant's auditors and the audit committee of
Registrant's board of directors (or persons performing the equivalent
function):





a)
            all
      significant deficiencies in the design or operation of internal controls
      which could adversely affect the Registrant's ability to record, process,
      summarize and report financial data and have identified for the
      Registrant's auditors any material weaknesses in internal controls;
      and





b)
            any
      fraud, whether or not material, that involves management or other
      employees who have a significant role in the Registrant's internal
      controls; and





6. The
Registrant’s other certifying officer and I have indicated in this report
whether or not there were significant changes in internal controls or in other
factors that could significantly affect internal controls subsequent to the date
of our most recent evaluation, including any corrective actions with regard to
significant deficiencies and material weaknesses.








Date:
February 16,
2010








By:           /s/
J Roland Vetter





J Roland
Vetter


Chief
Financial Officer/Principal Financial Officer, principal accounting
officer
**EXHIBIT 32.1**

 

**CERTIFICATIONOF CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER**

**PURSUANTTO**

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

**ASADOPTED PURSUANT TO**

**SECTION 906 OF THESARBANES-OXLEY ACT OF 2002**

 

I, Steven R. Delcarson,certify, pursuant to 18 U.S.C. Section 1350, asadopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, thatthe Quarterly Report of Innovative Card Technologies, Inc. on Form 10-Qfor the quarter ended March 31, 2008 fully complies with the requirementsof Section 13(a) or 15(d) of the Securities Exchange Act of 1934and that information contained in such Quarterly Report on Form 10-Qfairly presents in all material respects the financial condition and results ofoperations of Innovative Card Technologies, Inc.

 

 
| *Dated: May 12, 2008* | *By:*    | */s/ Steven R. Delcarson* |
|----------------------------|----------|---------------------------|
| * *                   | * * | *Steven R. Delcarson*     |
| * *                   | * * | *Chief Executive Officer* |

 

I, Charles M. Caporale,certify, pursuant to 18 U.S.C. Section 1350, asadopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, thatthe Quarterly Report of Innovative Card Technologies, Inc. on Form 10-Qfor the quarter ended March 31, 2008 fully complies with the requirementsof Section 13(a) or 15(d) of the Securities Exchange Act of 1934and that information contained in such Quarterly Report on Form 10-Qfairly presents in all material respects the financial condition and results ofoperations of Innovative Card Technologies, Inc.

 

 
| *Dated: May 12, 2008* | *By:*  | */s/ Charles M. Caporale*                            |
|----------------------------|--------|------------------------------------------------------|
|                       |   | *Charles M. Caporale*                                |
|                       |   | *Chief Financial Officer, Chief  Accounting Officer* |

 

A signed original of this written statement requiredby Section 906 has been provided by Innovative Card Technologies, Inc.and will be retained by Innovative Card Technologies, Inc. and furnishedto the Securities and Exchange Commission or its staff upon request.

 

----
In re Jovan

Valdillez Appellant/s



# Fourth Court of Appeals

San Antonio, Texas

February 13, 2014

No. 04-14-00090-CV

IN RE Jovan VALDILLEZ

Original Habeas Corpus Proceeding 1

ORDER

Sitting: Marialyn Barnard, Justice

Patricia O. Alvarez, Justice

Luz Elena D. Chapa, Justice

On February 7, 2014, relator filed an original pro se petition for writ of habeas corpus.

The court has considered relator’s petition and is of the opinion that relator is not entitled to the

relief sought. Accordingly, the petition for writ of habeas corpus is DENIED. See T EX

. R. A PP

. P.

52.8(a). The court’s opinion will issue at a later date.

It is so ORDERED on February 13th, 2014.

_____________________________ Marialyn Barnard, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said

court on this 13 th day of February, 2014

.

_____________________________ Keith E. Hottle

Clerk of Court

1 This proceeding arises out of Cause No. 2001EM502490, styled In the Interest of K.N.G., A Child

, pending in the

288th Judicial District Court, Bexar County, Texas, the Honorable Jim Rausch presiding.
CERTIFICATION OF


CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER






PURSUANT TO


18 U.S.C. SECTION 1350,


AS ADOPTED PURSUANT TO


SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002






I, Derek Ward, the, Chief Executive Officer of Empirical Ventures, Inc. (the “Company”), hereby certify pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to the best of my knowledge:




(i)
the Quarterly Report on Form 10-Q of the Company, for the Period ended September 30, 2010, and to which this certification is attached as Exhibit 32 (the “Report”) fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; and(ii)
the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.





By:
/s/ Derek WardName:
Derek WardTitle:
Chief Executive OfficerDate:
March 5, 2014




A signed original of this written statement required by Section 906 of the Sarbanes-Oxley Act of 2002 has been provided to the Company and will be retained by the Company and furnished to the Securities and Exchange Commission or its staff upon request.




This certification accompanies the Form 10-Q to which it relates, is not deemed filed with the Securities and Exchange Commission and is not to be incorporated by reference into any filing of the Company under the Securities Act of 1933 or the Securities Exchange Act of 1934 (whether made before or after the date of the Form 10-Q), irrespective of any general incorporation language contained in such filing.
Case 2:05-cv-00213-J Document 14 Filed 09/12/06 Page 1 of 1 PageID 85
CERTIFICATION OF 
CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER 
PURSUANT TO
18 U.S.C. SECTION 1350, 
AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

I, Desmond Ross, the Chief Executive Officer and Chief Financial Officer of Quantum Ventures (the Company), hereby certify pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to the best of my knowledge:

| | (i)  | the Quarterly Report on Form 10-QSB of the Company, for the fiscal quarter ended September 30, 2007, and to which this certification is attached as Exhibit 32.1 (the Report) fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; and
| | ---- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
| |      |                                                                                                                                                                                                                                                                                                       
| | (ii) | the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.                                                                                                                                                  



| | By:    |                                  
| | ------ | ---------------------------------
| |        | /s/ Desmond Ross                 
| | Name:  | Desmond Ross                     
| |        |                                  
| | Title: | Chief Executive Officer and Chief
| |        | Financial Officer                
| |        |                                  
| | Date:  | November 14, 2007                

A signed original of this written statement required by Section 906 of the Sarbanes-Oxley Act of 2002 has been provided to the Company and will be retained by the Company and furnished to the Securities and Exchange Commission or its staff upon request.

This certification accompanies the Form 10-QSB to which it relates, is not deemed filed with the Securities and Exchange Commission and is not to be incorporated by reference into any filing of the Company under the Securities Act of 1933 or the Securities Exchange Act of 1934 (whether made before or after the date of the Form 10-QSB), irrespective of any general incorporation language contained in such filing.
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FOURTH DISTRICT

DAVID DIAZ and DEYANIRA JORGE,

Appellants,

v.

HOMEOWNERS CHOICE PROPERTY & CASUALTY INSURANCE 

COMPANY,

Appellee.

No. 4D2022-3349

[February 15, 2024]

Appeal from the Circuit Court for the Seventeenth Judicial Circuit, 

Broward County; Carol-Lisa Phillips, Judge; L.T. Case No. 

CACE21010655.

John H. Pelzer of Greenspoon Marder LLP, Fort Lauderdale, and Jeremy 

F. Tyler of Geyer Fuxa Tyler, Sunrise, for appellants.

Lissette Gonzalez of Cole Scott & Kissane, P.A., Miami, for appellee.

PER CURIAM.

Affirmed.

LEVINE, KUNTZ and ARTAU, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
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 Proguard Acquisition Corp.
(the "Company") on Form 10-Q for the quarter ended March 31, 2010 as
filed with the Securities and Exchange Commission on the date hereof
(the "Report"), I, Allerton Towne, Chief 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/Allerton Towne
-----------------------------
Allerton Towne
Chief Executive Officer

May 13, 2010


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 Proguard Acquisition Corp.
(the "Company") on Form 10-Q for the quarter ended March 31, 2010, as
filed with the Securities and Exchange Commission on the date hereof
(the "Report"), I, Norman Becker, 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 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/Norman Becker
-----------------------------
Norman Becker
Chief Financial Officer

May 13, 2010