alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### IN THE UNI TED STATES COURT OFAPPEALS FOR THE FIF TH CIRCUIT

No. 10-60959 Summary Calendar

SYFUL MILON,
Petitioner

v. ERIC H. HOLDER, JR., U.S. ATTORNEY GENERAL, Respondent

Petition for Review of an Order of the Board of Immigration Appeals BIA No. A094 937 651

Before BARKSDALE, STEWART, and PRADO, Circuit Judges. PER CURIAM: * Syful Milon, a native and citizen of Bangladesh, petitions for review of the Board of Immigration Ap p e al s ’ (BIA) denial of his motion to reopen removal proceedings and for reconsideration. Milon does not challenge the BIA’s decision insofar as it denied his motion for reconsid e r ation. Therefore, he has abandoned any issues related to that denial. See, e.g. , Zhu v. Gonzales , 493 F.3d 588, 593 n.10 (5 th Cir. 2007). U n i te d S ta te s C o u rt o f A p p ea l s

F i ft h C i rc u i t 

### F I L E D Octob er 14 , 20 11 Lyle W . Cayce Clerk

Purs uant to 5 TH C IR

. R. 47.5 , the court hasd ete rm inedthat this op inion sho uld not * be publ ish ed and is not pr ece dent excep t unde r the lim ite d cir cum st ance s se t forth in 5 TH C IR

. R. 47.5 .4. Case: 10-60959 Document: 00511632706 Page: 1 Date Filed: 10/14/2011No. 10-60959

Milon c o ntends the affidavit submitted with his motion satisfied the requirements for reopening based on ineffective assistance of c o u n s e l (IAC). Motions to reopen removal proceedings are disfavored, and the moving p arty bears a heavy burden. Altamirano-Lopez v. Gonzales , 435 F.3d 547, 549 (5th Cir. 2006) (citation and internal quotation marks omitted). In reviewing the B IA’s denial of a motion to reopen, this court generally applies a “highly deferential abuse-of-discretion standard” and will affirm the BIA’s decision “so long as it is not capricious, racially invidious, utterly without foundation in the evidence, or otherwise so irrational that it is arbitrary rather than the result of any perceptible rational approach”. Zhao v. Gonzales , 404 F.3d 295, 303-04 (5th Cir. 2005) (citation and internal quotation marks omitted). IAC can warrant reopening removal proceedings if petitioner satisfies the requirements set forth in Matter of Loza da , 19 I&N Dec. 637 (BIA 1988). To support an IAC claim, an alien mu s t : ( 1 ) provide an affidavit attesting the relevant facts, including the terms of the attorney-client agreement; (2) before he presents the claim to the BIA, inform counsel of the allegati o n s a nd allow counsel an opportunity to respond; and (3) file o r e xplain why a grievance has not been filed against counsel. L a ra v . T rominski , 216 F.3d 487, 496 (5th Cir. 2000); Lozada , 19 I&N Dec. at 639. “Where essential information is lacking, it is impossible to evaluate the substance of [an IAC] claim.” Lozada , 19 I&N Dec. at 639. Milon did not, at any point in this proceeding, provide the BIA proof of his letter to former counsel or a filed grievance. “[T]he general application of the Lozadarules is not an abuse of discretion”. Lara , 216 F.3d at 498. DENIED.

2 Case: 10-60959 Document: 00511632706 Page: 2 Date Filed: 10/14/2011
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EXHIBIT 35.3

                    SERVICER COMPLIANCE STATEMENT (ITEM 1123)

                           HOMECOMINGS FINANCIAL, LLC

                RALI SERIES 2007-QH7 TRUST (THE "ISSUING ENTITY")

The undersigned,  a duly authorized  officer of Homecomings  Financial,  LLC, as
servicer (the "Servicer") pursuant to the applicable  servicing agreement,  does
hereby certify that:

1. A review of the  Servicer's  activities  during the period from and including
July 30, 2007 through and  including  September  24, 2007 and of the  Servicer's
performance  under the  applicable  servicing  agreement  has been made under my
supervision.

2. To the best of my knowledge, based on such review, the Servicer has fulfilled
all of its obligations under the applicable  servicing agreement in all material
respects  throughout such period.

IN WITNESS WHEREOF, the undersigned has duly executed this Certificate this 24th
day of March 2008.


By:   /s/ Anthony N. Renzi
      Name:    Anthony N. Renzi
      Title:   Managing Director
EX-31 Rule 13a-14(d)/15d-14(d) Certification.

  ABFC 2007-WMC1 TRUST,
  ASSET-BACKED CERTIFICATES, SERIES 2007-WMC1

  I, Kelly Rentz, a Vice President of Wells Fargo Bank, N.A. (the "Master
  Servicer"), certify that:

  1.I have reviewed this report on Form 10-K, and all reports on Form 10-D
    required to be filed in respect of the period covered by this report on
    Form 10-K of the ABFC 2007-WMC1 Trust (the "Exchange Act Periodic
    Reports");

  2.Based on my knowledge, the Exchange Act Periodic Reports, taken as a
    whole, do 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;

  3.Based on my knowledge, all of the distribution, servicing and other
    information required to be provided under Form 10-D for the period
    covered by this report is included in the Exchange Act Periodic Reports;

  4.I am responsible for reviewing the activities performed by the servicer
    and based on my knowledge and the compliance review conducted in
    preparing the servicer compliance statement required in this report
    under Item 1123 of Regulation AB, and except as disclosed in the
    Exchange Act periodic reports, the servicer has fulfilled its
    obligations under the pooling and servicing agreement, dated October 1,
    2007, among Asset Backed Funding Corporation, Saxon Mortgage Services,
    Inc., U.S. Bank National Association and Wells Fargo Bank, N.A. in all
    material respects; and

  5.All of the reports on assessment of compliance with the servicing
    criteria for asset-backed securities and their related attestation
    reports on assessment of compliance with servicing criteria for
    asset-backed securities required to be included in this report in
    accordance with Item 1122 of Regulation AB and Exchange Act Rules
    13a-18 and 15d-18 have been included as an exhibit to this report,
    except as otherwise disclosed in this report. Any material instances of
    noncompliance described in such reports have been
    disclosed in this report on Form 10-K.

    In giving the certifications above, I have reasonably relied on
    information provided to me by the following unaffiliated parties: Saxon
    Mortgage Services, Inc. as Servicer.

    Dated:   March 27, 2008


    /s/ Kelly Rentz
    Signature

    Vice President
    (senior officer in charge of the servicing function of the master
    servicer)
EXHIBIT 31.1  I, Bill Akrivos, in my capacity indicated below, certify that:  1. I have reviewed this annual report on Form 10-K of Alco Energy Corp. (the Registrant); 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; 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. I am responsible for establishing and maintaining disclosure controls and procedures (as defined 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 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) evaluated the effectiveness of the Registrants disclosure controls and procedures and presented in this report my conclusion about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and c) 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; 5. I have disclosed, based on my most recent evaluation of internal control over financial reporting, 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 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.  Date: October 10, 2008 /s/ Bill Akrivos Bill Akrivos, President (as Principal Executive Officer)
Fourth Court of Appeals

San Antonio, Texas

October 21, 2020

No. 04-20-00502-CR

Kevin Arick Brice O'DELL,

Appellant

v.

The STATE of Texas,

Appellee

From the 198th Judicial District Court, Bandera County, Texas

Trial Court No. CR-20-010

Honorable M. Rex Emerson, Judge Presiding

O R D E R

On February 12, 2020, the trial court signed an order of deferred adjudication, pursuant to 

a plea bargain. On September 28, 2020, appellant filed with the trial court clerk a request for 

forms to appeal the order of deferred adjudication. A copy of appellant’s request for forms was 

filed with our court and docketed as a notice of appeal.

Appellant filed his request for forms well after the prescribed time limit for perfecting an 

appeal. See TEX. R. APP. P. 26.1; see also R. 26.3 (providing for a fifteen-day grace period). 

“[O]nce the period for granting a motion for extension of time under Rule [26.3] has passed, a 

party can no longer invoke the appellate court’s jurisdiction. Verburgt v. Dorner, 959 S.W.2d 

615, 617 (Tex. 1997) (construing the predecessor to Rule 26). Accordingly, appellant is 

ORDERED to show cause in writing within fourteen (14) days from the date of this order why 

this appeal should not be dismissed for lack of jurisdiction.

In addition, the trial court’s certification in this appeal states that this criminal case, “is a 

plea-bargain case, and the defendant has NO right of appeal.” Rule 25.2(d) of the Texas Rules of 

Appellate Procedure provides, “The appeal must be dismissed if a certification that shows the 

defendant has a right of appeal has not been made part of the record under these rules.” TEX. R.

APP. P. 25.2(d). It is therefore ORDERED that this appeal will be dismissed pursuant to Rule 

25.2(d) of the Texas Rules of Appellate Procedure unless appellant causes an amended trial court 

certification to be filed within thirty (30) days from the date of this order, showing appellant 

has the right of appeal. See TEX. R. APP. P. 25.2(d); 37.1; see also Dears v. State, 154 S.W.3d 
610 (Tex. Crim. App. 2005); Daniels v. State,110 S.W.3d 174 (Tex. App.—San Antonio 2003, 

no pet.).

All other appellate deadlines are SUSPENDED pending further order of this court.

_________________________________

Rebeca C. Martinez, Justice

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

court on this 21st day of October, 2020.

___________________________________

MICHAEL A. CRUZ, 

Clerk of Court
Exhibit 10.2 - Executive Officer Compensation

     The Board of the Bank, upon the recommendation of the Executive Officer
Compensation Committee, approved the following principal terms of an employment
agreement for Martin E. Plourd, President/Chief Operating Officer, effective
January 1, 2009: (a) $250,000 annual base salary, subject to annual merit
increases; (b) an annual bonus of up to 75% of annual base salary contingent
upon meeting five performance standards (each worth 20% of the bonus amount) to
be established from time to time, and subject to the Bank's satisfactory
condition, as determined by the regulators; the satisfactory condition element
can be waived by the Executive Officer Compensation Committee and the Board of
Directors, if circumstances warrant such a waiver; (c) $1,000 per month car
allowance; (d) participation in medical and other benefit plans offered to
similarly titled employees; (e) continuation of the existing executive
supplemental compensation agreement, with a Bank promise to add a change of
control acceleration provision, if legally allowed to do so, such that
acceleration can occur upon a termination of employment or change of employment
(a good cause termination by Mr. Plourd), under certain circumstances, to be
determined by Mr. Plourd and the Bank, within a period of time after a change of
control; (f) as soon as practicable, and when legally permissible, the Board of
the Company will grant to Mr. Plourd a 50,000 share stock option, one-third of
the option will vest at the end of each of the next three successive 12-month
periods after grant; (g) continuation of Mr. Plourd's existing deferred
compensation plan; (h) continuation of Mr. Plourd's existing split dollar
agreement; (i) upon termination by the Bank without cause, Mr. Plourd would
receive one year's base salary ("Severance Amount"), an amount equal to the most
recent bonus paid to Mr. Plourd and 12 months of medical and dental benefits,
similar to those enjoyed by Mr. Plourd immediately prior to termination; (j)
vesting of outstanding stock options upon a change of control; (k) upon a
termination without cause by either party, Mr. Plourd will relinquish the
Severance Amount if he competes with the Bank (as defined) during the one-year
period after such termination; and (l) all payments upon termination are subject
to the restrictions set forth in Section 409A of the Internal Revenue Code.

As soon as practicable and when legally permissible, Frank Basirico, Chief
Executive Officer, the Board of the Company will grant a 50,000 share stock
option, one-third of the option will vest at the end of each of the next three
successive 12-month periods after grant.
Damien B. FORD, Appellant, v. FLORIDA HOSPITAL EAST ORLANDO, Appellee.

No. 1D18-1196

District Court of Appeal of Florida, First District.

May 28, 2019 Rehearing Denied June 27, 2019

Richard S. Larson of Rick Larson Law, Winter Garden, for Appellant.

Craig S. Foels, Christian P. Trowbridge, and Dinelia Concepcion of Estes, Ingram, Foels & Gibbs, P.A., Maitland, for Appellee.

Per Curiam.

AFFIRMED . *See**Marchman v. St. Anthony's Hosp., Inc.* , 152 So.3d 830, 831 (Fla. 2d DCA 2014) (holding that the Florida Commission on Human Relations lacked jurisdiction over hospitals); *Crane v. Lifemark Hosp. of Fla., Inc.* , 149 So.3d 718, 721 (Fla. 3d DCA 2014) (concluding that a hospital was not a covered establishment under the Florida Civil Rights Act). *See also Mena v. Lifemark Hosps. of Fla., Inc.* , Final Order No. 12-023, 2012 Fla. Div. Adm. Hear. LEXIS 253, *4 (FCHR May 16, 2012) (a hospital cafeteria cannot turn a hospital into a place of public accommodation), *aff'd,**Mena v. Lifemark Hosps. of Fla., Inc.* , 109 So.3d 787 (Fla. 1st DCA 2013).

Rowe, Ray, and Osterhaus, JJ., concur.
- 49 -


Exhibit 32.2

                            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 Veridicom International,
Inc. (the "Company") on Form 10-QSB for the period ending September 30, 2004 as
filed with the Securities and Exchange Commission on the date hereof (the
"Report"), I, Bashir Jaffer, Chief Financial Officer of the Company, certify,
pursuant to 18 U.S.C. section 906 of the Sarbanes-Oxley Act of 2002, that:

         (3)      The Report fully complies with the requirements of section
                  13(a) or 15(d) of the Securities and Exchange Act of 1934; and

         (4)      The information contained in the Report fairly presents, in
                  all material respects, the financial condition and result of
                  operations of the Company.

Date:  November 7, 2005                        By: /s/ Bashir Jaffer
                                                  ------------------------
                                               Bashir Jaffer
                                               Chief Financial Officer
**EXHIBIT 31.1****CERTIFICATION**I, David S. Tierney, M.D., certify that: 1. I have reviewed this quarterly report on Form 10-Q of Valera Pharmaceuticals, Inc.;  2. Based on my knowledge, this report does not contain any untrue statement of a materialfact or omit to state a material fact necessary to make the statements made, in light of thecircumstances 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 includedin this 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. The registrant’s other certifying officer and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined 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 our supervision, to ensure that materialinformation relating to the registrant, including its consolidated subsidiaries, is madeknown to us by others within those entities, particularly during the period in which thisreport is being prepared;  (b) Evaluated the effectiveness of the registrant’s disclosure controls and proceduresand presented in this report our conclusions about the effectiveness of the disclosurecontrols and procedures, as of the end of the period covered by this report based on suchevaluation; and  (c) Disclosed in this report any change in the registrant’s internal control overfinancial reporting that occurred during the registrant’s most recent fiscal quarter (theregistrant’s fourth fiscal quarter in the case of an annual report) that has materiallyaffected, or is reasonably likely to materially affect, the registrant’s internal controlover financial reporting; and 5. The registrant’s other certifying officer and I have disclosed, based on our most recentevaluation of internal control over financial reporting, to the registrant’s auditors andthe audit committee of the registrant’s board of directors (or persons performing theequivalent functions): (a) All significant deficiencies and material weaknesses in the design or operation ofinternal control over financial reporting which are reasonably likely to adversely affectthe 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 whohave a significant role in the registrant’s internal control over financial reporting.       /s/ David S. Tierney, M.D. David S. Tierney, M.D.    President, Chief Executive Officer and Director    (Principal Executive Officer*)*  Date: August 9, 2006
52