alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Jaswinder Singh KAHLON, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent.

No. 08-72246.

United States Court of Appeals, Ninth Circuit.

Submitted July 12, 2011.*

Filed July 19, 2011.

Patrick Ontiveros Cantor, Esquire, But-tar & Cantor, LLP, Tukwila, WA, for Petitioner.

*137Oil, William Charles Peachey, Senior Litigation Counsel, Mona Maria Yousif, Trial, DOJ-U.S. Department of Justice, Washington, DC, Ronald E. Lefevre, Office of the District Counsel Department of Homeland Security, San Francisco, CA, Wws-District Counsel, Esquire, Immigration and Naturalization Service Office of the District Counsel, Seattle, WA, for Respondent.

Before: SCHROEDER, ALARCÓN, and LEAVY, Circuit Judges.

*

 The panel unanimously concludes this case is suitable for decision without oral argument. *See*Fed. R.App. P. 34(a)(2).

MEMORANDUM **

Jaswinder Singh Kahlon, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his application for withholding of removal and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence the agency’s factual findings, *Santos-Lemus v. Mukasey,*542 F.3d 738, 742 (9th Cir.2008), and deny the petition for review.

The IJ found Kahlon demonstrated past persecution by police on the basis of a protected ground. The IJ next found the presumption Kahlon’s life or freedom would be threatened upon return to India was rebutted by Kahlon’s testimony indicating that, by 1997, police only sought to arrest him to extort money from his father. Substantial evidence supports the IJ’s finding that the evidence demonstrated Kahlon was no longer being sought on the basis of a protected ground. *See*8 C.F.R. § 1208.16(b)(l)(i)(A); *see also INS v. Elias-Zacarias,*502 U.S. 478, 481 n. 1, 112 S.Ct. 812, 117 L.Ed.2d 38 (1992) (to reverse the agency’s finding “we must find that the evidence not only *supports*that conclusion, but *compels*it”) (emphasis in original). Accordingly, Kahlon’s withholding of removal claim fails.

Substantial evidence also supports the IJ’s finding that Kahlon failed to demonstrate it is more likely than not he would be tortured, because he relocated to another part of the country for seven years without harm. *See*8 C.F.R. § 1208.16(c)(3)(ii); *Singh v. Gonzales,*439 F.3d 1100, 1113 (9th Cir.2006) (petitioner failed to meet his burden of demonstrating he could not relocate to another part of India where police are not under the mistaken impression he is a separatist). Accordingly, Kahlon’s CAT claim also fails.

PETITION FOR REVIEW DENIED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
EXHIBIT
32.1











Certification
of CEO and CFO


pursuant
to Section 906 of the Sarbanes-Oxley Act of 2002


regarding
Annual Report on Form 10-K for the year ended December 31,
2007







Pursuant
to Section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of
section 1350, chapter 63 of title 18, United States Code), the undersigned
officer of a Texas corporation (the “Company”), does hereby certify
that:





1.  The
Company's Annual Report on Form 10-KSB for the fiscal period ended December 31,
2007, (the Form 10-K) fully complies with the requirements of Section 13(a) or
15(d) of the Securities Exchange Act of 1934, as amended; and





2.  Information
contained in the Form 10-K fairly presents, in all material respects, the
financial condition and results of operations of the Company for the periods
presented herein.














Date:           April 15,
2008                                                    By: /s/ Steven L.
Sample


Steven L. Sample


Chief Executive Officer and Chief
Financial Officer
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**Exhibit 23.1**

**Consent of Independent Registered Public Accounting Firm**

We consent to the incorporation by reference in theRegistration Statements on Form S-3 (Nos. 333-132130 and 333-138826) and in the Registration Statements on Form S-8 (Nos. 333-109755, 333-143915, 333-103595, 333-06563, 333-11451, 333-35651, 333-28929, 333-28927, 333-71913, 333-80963, 333-131144,333-115583 and 333-138828) of our reports dated February 29, 2008, with respect to the consolidated financial statements and schedule of Secure Computing Corporation, and the effectiveness of internal control over financial reporting of SecureComputing Corporation, included in this Annual Report (Form 10-K) for the year ended December 31, 2007. 

/s/    ERNST & YOUNG LLP

Minneapolis, Minnesota 

February 29, 2008
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 Silverleaf Resorts, Inc. (the "Company")
on Form 10-Q for the quarter ended June 30, 2008 as filed with the Securities
and Exchange Commission on the date hereof (the "Report"), I, Robert M. Sinnott,
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 results of operations of the
      Company.
 
 
 Dated:  August
      7, 2008
              /s/ ROBERT M. SINNOTTRobert
      M. SinnottChief
      Financial Officer
II

105TH CONGRESS

1ST SESSION S. 1420

To amend the Illegal Immigration Reform and Immigrant Responsibility

Act of 1996 to provide for full reimbursement of States and localities

for costs related to providing emergency medical treatment to individuals

injured while entering the United States illegally.

IN THE SENATE OF THE UNITED STATES

NOVEMBER 7, 1997

Mrs. FEINSTEIN (for herself and Mr. KYL) introduced the following bill; which

was read twice and referred to the Committee on the Judiciary

A BILL

To amend the Illegal Immigration Reform and Immigrant

Responsibility Act of 1996 to provide for full reimbursement of States and localities for costs related to providing emergency medical treatment to individuals injured

while entering the United States illegally.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

•S 1420 IS

1 SECTION 1. AMENDMENT OF THE ILLEGAL IMMIGRATION

2 REFORM AND IMMIGRANT RESPONSIBILITY

3 ACT OF 1996.

4 Section 563 of the Illegal Immigration Reform and

5 Immigrant Responsibility Act of 1996 is amended to read

6 as follows:

7 ‘‘SEC. 563. REIMBURSEMENT OF STATES AND LOCALITIES

8 FOR EMERGENCY MEDICAL SERVICES.

9 ‘‘(a) Subject to the availability of appropriations, the

10 Attorney General shall fully reimburse States and political

11 subdivisions of States for their costs of providing medical

12 services, including ambulatory services, related to an

13 emergency medical condition of an individual who—

14 ‘‘(1) is injured while, or being pursued imme15 diately after, crossing a land or sea border of the

16 United States without inspection or at any time or

17 place other than as designated by the Attorney Gen18 eral; and

19 ‘‘(2) is under the custody of the State or sub20 division pursuant to a transfer, request, or other ac21 tion by a Federal authority.

22 ‘‘(b) There is established in the general fund of the

23 Treasury a separate account out of which the Attorney

24 General shall provide reimbursement under this section.
3

•S 1420 IS

1 ‘‘(c) Reimbursement under this section shall not be

2 taken out of monies appropriated for the Immigration and

3 Naturalization Service.

4 ‘‘(d) There are authorized to be appropriated for fis5 cal years 1998–2002 an amount not to exceed

6 $18,000,000 annually for the purpose of carrying out this

7 section.

8 ‘‘(e) The Attorney General shall report to the Judici9 ary and Appropriations Committees of the House of Rep10 resentatives and the Senate annually on the implementa11 tion of this section.

12 ‘‘(f) By March 1, 1998, the Attorney General shall

13 submit a written report to the Judiciary Committees of

14 the House of Representatives and Senate on the policy and

15 practice, including custody practice, of the United States

16 Border Patrol with respect to injured aliens.

17 ‘‘(g) For purposes of this section, the term ‘emer18 gency medical condition’ has the same meaning as that

19 term has under section 562 of the Illegal Immigration Re20 form and Immigrant Responsibility Act of 1996.’’.

Æ
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- Wuest, Stewart

Environmental Management Systemheadline bar /ARSUserFiles/20740500/EMS Policy Statement 02-13-20.jpg


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<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
FINANCIAL STATEMENTS OF FIRST INDUSTRIAL, L.P. FOR THE THREE MONTHS ENDED MARCH
31, 1997 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL
STATEMENTS.
</LEGEND>
<MULTIPLIER> 1
<CURRENCY> U.S. DOLLARS
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               MAR-31-1997
<EXCHANGE-RATE>                                      1
<CASH>                                               0
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                       0
<CURRENT-LIABILITIES>                                0
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                         0
<SALES>                                              0
<TOTAL-REVENUES>                                18,899
<CGS>                                                0
<TOTAL-COSTS>                                  (6,086)
<OTHER-EXPENSES>                               (4,078)
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             (2,349)
<INCOME-PRETAX>                                 12,220
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                             12,220
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    12,220
<EPS-PRIMARY>                                      .37
<EPS-DILUTED>                                      .36
        

</TABLE>
#### RICHARD G. VENTO, et al., Petitioners v. UNITED STATES OF AMERICA, Respondents

Civ. 2005-167 and 2005-178

District Court of the Virgin Islands Division of St. Thomas and St. John

March 7, 2007

BARNARD, *United States Magistrate Judge*

MEMORANDUM OPINION AND ORDER

(March 7, 2007)

THIS MATTER is before the Court on the plaintiffs Petition to Quash IRS Third-Party Summons and the defendant’s response and Counterclaim for Petition to Enforce Internal Revenue Summons. The parties also presented briefs addressing the appropriateness of discovery in the above-captioned petitions.

The respondents issued a third-party Internal Revenue summons upon Red Hook Mail Services Inc. on October 6, 2005, and on the president of Commercial Security Services Ltd., Inc. on October 12, 2005, pursuant to a tax investigation of the federal tax liabilities of the petitioners for the 2001 tax year. Respondents rely on 26 U.S.C. §§ 7402(b), 7604(a), and 7609(b) as their foundation and authorization to pursue the investigation. The petitioners then filed a petition to quash said summonses, pursuant to Section 7609 of the Internal Revenue Code, asserting that 26 U.S.C. *859§ 932(c) precludes the Internal Revenue Service (IRS) from investigating Virgin Islands residents.

26 U.S.C. § 932(c) addresses Virgin Islands residents and the effects of the tax laws on said residents. That statute summarily states that a bona fide resident of the Virgin Islands must report all income from all sources and make said filing and payment into the Virgin Islands Treasury.

The petitioners participated in certain real estate transactions that caused the IRS to launch an investigation1 to confirm whether or not their taxable income was reported accurately in regard to amount and state. Notwithstanding those transactions and the IRS claims, the petitioners affirm that they are bonafide Virgin Islands residents. It appears to this Court, that the only means of investigating the issue is through the use of the sought after summons, so as to ascertain whether or not the petitioners are in fact bona fide residents of the Virgin Islands. Contrary to the petitioners’ position that 26 U.S.C. § 932(c) prohibits an investigation, that particular statute, alongside 26 U.S.C. § 7602, is the only vehicle that can be used to ascertain whether or not the petitioners fulfilled their obligations. Further, in *Government of the Virgin Islands*v. *O’Brien, et al.,*21 V.I. 549 (1985), the Court emphasized the powers of the IRS in relation to investigating local residents who they believe has [sic] not satisfied his or her U.S. tax obligations by filing locally. *See also WIT Equipment Company, Inc. v. Director, Virgin Islands Bureau of Internal Revenue,*185 F. Supp. 2d 500 (D.V.I. 2001).

Accordingly, the petitioners’ Motion to Quash IRS Third-Party Summons is DENIED. The parties are expected to fully comply with the summons within twenty (20) days of this order.

1

*See*United States’ Response to Petition to Quash IRS Third-Party Summons and Counterclaim for Petition to Enforce Internal Revenue Summons.
Exhibit 31.2

CERTIFICATION

I,
Sarah Veach, Chief Accounting Officer of Gexa Corp., certify that:

1.     I
have reviewed this annual report on Form 10-KSB of Gexa Corp.;

2.     Based
on my knowledge, this annual 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 annual report, fairly present in all material respects the financial
condition, results of operations and cash flows of the small business issuer as of, and for, the periods presented in this report;

4.     The
small business issuer's other certifying officers and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange
Act Rules 13a-15(e) and 15d-15(e)) for the small business issuer and have:



5.     The
small business issuer's other certifying officers and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the small
business issuer's auditors and the audit committee of the small business issuer's board of directors (or persons performing the equivalent functions):



|                                                                       |  | 
|---------------------------------------------------------------------- |  | 
|/s/SARAH VEACHSarah Veach
Chief Accounting Officer
Dated: May 18, 2004 |  | 

---



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