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NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

MYKOLA POPOVICH,

 Petitioner,

 v.

ERIC H. HOLDER, Jr., Attorney General,

 Respondent.

No. 11-70068

Agency No. A089-551-471

MEMORANDUM*

On Petition for Review of an Order of the

Board of Immigration Appeals

Submitted October 9, 2014** 

San Francisco, California

Before: IKUTA, N.R. SMITH, and MURGUIA, Circuit Judges.

Mykola Popovich petitions for review of the Board of Immigration

Appeals’s (BIA) order dismissing his appeal of an Immigration Judge’s (IJ) denial

of his application for asylum, withholding of removal, and relief under the United

Nations Convention Against Torture (CAT). Because Popovich filed his asylum

FILED

OCT 16 2014

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

 * This disposition is not appropriate for publication and is not precedent

except as provided by 9th Cir. R. 36-3.

 ** The panel unanimously concludes this case is suitable for decision

without oral argument. See Fed. R. App. P. 34(a)(2).
application after May 11, 2005, the Real ID Act applies. See Shrestha v. Holder,

590 F.3d 1034, 1039 (9th Cir. 2010). We have jurisdiction pursuant to 8 U.S.C.

§ 1252(a)(1).

The IJ’s adverse credibility finding was supported by substantial evidence,

including inconsistencies between Popovich’s testimony and his asylum

application. See Shrestha, 590 F.3d at 1039–40 (listing REAL ID Act credibility

factors, including “the consistency between the applicant’s or witness’s written and

oral statements”). For example, Popovich stated in his asylum application that he

saw young men running away from his violently damaged car, while at the hearing

he testified that he knew the perpetrators were with his persecutor because they

“were not even in a hurry to run away and they were threatening me that the same

thing that happened to the car would happen to me.” The BIA and IJ’s adverse

credibility determination was also supported by the implausibility of Popovich’s

testimony. See Jibril v. Gonzales, 423 F.3d 1129, 1135 (9th Cir. 2005). Among

other things, Popovich testified that he made no effort to obtain critical

photographs he sent to himself via certified mail in Ukraine, which would have

provided compelling evidence supporting his asylum claim.

The BIA did not err in determining that, absent Popovich’s testimony, the

record does not sustain Popovich’s burden to show he is eligible for asylum due to

2
persecution or a well-founded fear of persecution. See Deloso v. Ashcroft, 393

F.3d 858, 863–64 (9th Cir. 2005). For the same reason, the BIA’s denial of

Popovich’s claim for withholding of removal was supported by substantial

evidence. See Zehatye v. Gonzales, 453 F.3d 1182, 1190 (9th Cir. 2006). Nor did

the BIA err in concluding, based on the record without Popovich’s testimony, that

Popovich failed to sustain his burden to show eligibility for relief under CAT. See

Farah v. Ashcroft, 348 F.3d 1153, 1156–57 (9th Cir. 2003).

PETITION DENIED.

3
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EXHIBIT 23(c)

CONSENT OF ERNST & YOUNG, LLP, INDEPENDENT AUDITORS

We consent to the incorporation by reference in Registration Statement Nos.
2-82662, 2-85336, 2-94926, 33-12280, 33-16088, 33-28764, 33-45474, 33-63289,
33-64039, 33-70960, 33-14529, and 333-03139 each on Form S-8 and Registration
Statement Nos. 33-62715 and 333-05971 each on Form S-8 of our report dated
February 8, 1996, with respect to the 1995 and 1994 consolidated financial
statements and schedule of Computer Identics Corporation and subsidiaries
included in the Annual Report (Form 10-K) of Robotic Vision Systems, Inc., for
the year ended September 30, 1996.

/s/  Ernst & Young LLP

Boston, Massachusetts
December 27, 1996
[Federal Register Volume 66, Number 91 (Thursday, May 10, 2001)]
[Notices]
[Page 23904]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-11783]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP01-350-000]


Colorado Interstate Gas Company; Notice of Technical Conference

May 4, 2001.
    In the Commission's order issued on April 25, 2001,\1\ the 
Commission directed that a technical conference be held to address 
issues raised by the filing.
---------------------------------------------------------------------------

    \1\ Colorado Interstate Gas Co., 95 FERC para. 61,099 (2001).
---------------------------------------------------------------------------

    Take notice that the technical conference will be held on Tuesday, 
May 22, 2001, at 10 a.m., in a room to be designated, at the offices of 
the Federal Energy Regulatory Commission, 888 First Street, NE., 
Washington, DC 20426.
    All interested parties and Staff are permitted to attend. If a 
second technical conference meeting is required, that meeting will take 
place on June 5, 2001, at 10 a.m., at the Commission, and a separate 
notice of that meeting will be issued.

David P. Boergers,
Secretary.
[FR Doc. 01-11783 Filed 5-9-01; 8:45 am]
BILLING CODE 6717-01-M
Case 1:07-cv-05352-AKH     Document 7      Filed 09/05/2007     Page 1 of 1
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Case 1:07-cv-04415-AKH Document 10 Filed 07/01/2008 Page 2 of 5
Case 1:07-cv-04415-AKH Document 10 Filed 07/01/2008 Page 3 of 5
Case 1:07-cv-04415-AKH Document 10 Filed 07/01/2008 Page 4 of 5
Case 1:07-cv-04415-AKH Document 10 Filed 07/01/2008 Page 5 of 5
Case 1:07-cv-05763-JSR Document 7 Filed 07/30/2007 Page 1 of 1
<TABLE> <S> <C>

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

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JUL-01-2000
<PERIOD-END>                               SEP-30-2000
<CASH>                                             119
<SECURITIES>                                   561,597
<RECEIVABLES>                                    3,565
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                   120
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                 565,401
<CURRENT-LIABILITIES>                          516,970
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            67
<OTHER-SE>                                      48,364
<TOTAL-LIABILITY-AND-EQUITY>                   565,401
<SALES>                                              0
<TOTAL-REVENUES>                              (20,147)
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                   680
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               7,600
<INCOME-PRETAX>                               (28,427)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                           (28,427)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (28,427)
<EPS-BASIC>                                     (4.94)
<EPS-DILUTED>                                   (4.94)


</TABLE>
Exhibit 23.1

CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

The
Board of Directors
INVESTools Inc.

We
consent to the incorporation by reference in the registration statements (Registration No. 333-118330 and 333-75070) on Forms S-8 of
INVESTools Inc. of our report dated May 2, 2005, with respect to management's assessment of the effectiveness of internal control over financial reporting as of December 31, 2004
and the effectiveness of internal control over financial reporting as December 31, 2004, which report appears in the December 31, 2004 Annual Report on Form 10-K/A of
INVESTools Inc.

Our
report dated May 2, 2005, on management's assessment of the effectiveness of internal control over financial reporting and the effectiveness of internal control over financial
reporting as of December 31, 2004, expresses our opinion that INVESTools Inc. did not maintain effective internal control over financial reporting as of December 31, 2004 because
of the effect of material weaknesses on the achievement of the objectives of the control criteria and contains an explanatory paragraph that states that the Company did not adequately maintain
controls over revenue recognition accounting, sub-lease loss accruals, sales tax exposures, and partner commission expense and related accruals.

Additionally,
our report on management assessment of the effectiveness of internal control over financial reporting and the effectiveness of internal control over financial reporting as
of December 31, 2004, contains an explanatory paragraph that states that INVESTools Inc. excluded Service Enhancement Systems, Inc. from its assessment of the effectiveness of the
Company's internal control over financial reporting. Our audit of internal control over financial reporting of INVESTools Inc. also excluded an evaluation of the internal control over financial
reporting of Service Enhancement Systems, Inc.

|/s/KPMG LLPKPMG LLP
Salt Lake City, Utah
May 2, 2005 |  |  |  | 
|---------------------------------------------------- |  |  |  | 

---



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Case 1:07-cv-05363-AKH Document 18 Filed 10/18/2007 Page 1 of 2
Case 1:07-cv-05363-AKH Document 18 Filed 10/18/2007 Page 2 of 2
Case 1:07-cv-05377-AKH Document 15 Filed 01/15/2008 Page 1 of 4
Case 1:07-cv-05377-AKH Document 15 Filed 01/15/2008 Page 2 of 4
Case 1:07-cv-05377-AKH Document 15 Filed 01/15/2008 Page 3 of 4
Case 1:07-cv-05377-AKH Document 15 Filed 01/15/2008 Page 4 of 4
#### SARAH ZIRINSKY *v.*BRUCE ZIRINSKY

*Mark R. Soboslai,*in support of the petition.

*Eric R. Posmantier,*in opposition.

Decided March 23, 2005

The plaintiffs petition for certification for appeal from the Appellate Court, 87 Conn. App. 257 (AC 23558/ AC 24289), is denied.
<PAGE>


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

The undersigned as President and Chief Executive Officer of the Company, does
hereby certify that the foregoing Quarterly Report of CLAIMSNET.COM INC. (the
"Company") on Form 10-QSB for the period ending June 30, 2004 (the "Report"):

(1)      Fully complies with the requirements of section 13 or 15(d) of the
         Securities Exchange Act of 1934; and

(2)      Fairly presents, in all material respects, the financial condition and
         result of operations of the Company.





/s/ Don Crosbie
----------------------------
Don Crosbie
President and Chief Executive Officer
July 20, 2004


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.
<TABLE> <S> <C>

<ARTICLE>      5
<LEGEND>       THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION
               EXTRACTED FROM THE SILVER RAMONA MINING COMPANY
               FINANCIAL STATEMENTS FOR THE PERIOD ENDED MARCH 31,
               1999 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE
               TO SUCH FINANCIAL STATEMENTS.
<MULTIPLIER>   1
       
<S>                           <C>                     
<PERIOD-TYPE>                 3-MOS                   
<FISCAL-YEAR-END>                          DEC-30-1999
<PERIOD-START>                              JAN-1-1999
<PERIOD-END>                               MAR-31-1999
<CASH>                                               0           
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0           
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                       0
<CURRENT-LIABILITIES>                            2,100
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       190,798
<OTHER-SE>                                    (79,494)
<TOTAL-LIABILITY-AND-EQUITY>                         0
<SALES>                                              0
<TOTAL-REVENUES>                                     0
<CGS>                                                0
<TOTAL-COSTS>                                    1,600
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                (1,600)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            (1,600)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (1,600)
<EPS-PRIMARY>                                    (.00)
<EPS-DILUTED>                                    (.00)
        

</TABLE>
Case 1:07-cv-05398-AKH     Document 5      Filed 09/05/2007     Page 1 of 1
STRONGIN ROTHMAN & ABRAMS, LLP

5 Hanover Square, Fourth Floor

New York, NY 10004

(212) 931-8300

Attorneys for Defendants

NOMURA HOLDING AMERICA INC. and

NOMURA SECURITIES INTERNATIONAL, INC.

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

----------------------------------------------------------------x

IN RE LOWER MANHATTAN DIASTER SITE

LITIGATION (21 MC 102)

----------------------------------------------------------------x

HERBERT NEGRON,

Plaintiffs,

-againstNOMURA HOLDING AMERICA INC. and

NOMURA SECURITIES INTERNATIONAL, INC.,

ET AL,

(See Defendants’ List)

Defendants,

Case No.: 21 MC 102 (AKH)

NOTICE OF ADOPTION OF

ANSWER TO MASTER

COMPLAINT

Docket No.: 07 CV 05305

ELECTRONICALLY FILED

----------------------------------------------------------------x

PLEASE TAKE NOTICE THAT Defendants NOMURA HOLDING AMERICA INC.

and NOMURA SECURITIES INTERNATIONAL, INC. (collectively referred to herein as

“Nomura Parties”), as and for their responses to the allegations set forth in the

Complaint by Adoption (Check Off Complaint) related to the Master Complaint filed

herein and applicable to the above captioned matter hereby adopts all of the responses

and all of the affirmative defenses contained in the Answer to the Master Complaint

dated, filed and served July 31, 2007, In Re World Trade Center Lower Manhattan

Disaster Site Litigation 21MC102 (AKH). The responses to all of the allegations in the

Master Complaint are adopted herein and are applicable to the Check-Off Complaint

Case 1:07-cv-05305-AKH Document 28 Filed 05/28/2008 Page 1 of 2
and Amended Complaint by Adoption (Check-Off Complaint) Related to the Master

Complaint Adding New Defendants Not Previously Served, served and filed herein.

PLEASE TAKE FURTHER NOTICE that Defendant, NOMURA PARTIES,

reserves the right to serve and file an amended answer and specifically reserves the

right to interpose a cross-claim against any and all co-defendants.

PLEASE TAKE FURTHER NOTICE that Defendant, NOMURA PARTIES, also

adopts all affirmative defenses and the jury demand herein.

WHEREFORE, Defendant, NOMURA PARTIES, demands judgment dismissing

the above captioned action against it along with the costs and disbursements of this

action.

Dated: New York, New York

May 28, 2008

Yours, etc.

STRONGIN ROTHMAN & ABRAMS, LLP

s/Jill S. Taylor

________________________________

JILL S. TAYLOR, ESQ. (JT-4731)

Attorneys for Defendants

NOMURA HOLDING AMERICA INC. and

NOMURA SECURITIES INTERNATIONAL,

INC.

5 Hanover Square, Fourth Floor

New York, NY 10004

(212) 931-8300

Case 1:07-cv-05305-AKH Document 28 Filed 05/28/2008 Page 2 of 2