alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
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).

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

ORACIO SANCHEZ-REYNA, a.k.a.

Horacio Sanchez-Reyna,

 Petitioner,

 v.

ERIC H. HOLDER, Jr., Attorney General,

 Respondent.

Nos. 08-71230

 08-74241

Agency No. A098-263-554

MEMORANDUM*

On Petitions for Review of Orders of the

Board of Immigration Appeals

Submitted October 19, 2010** 

Before: O’SCANNLAIN, TALLMAN, and BEA, Circuit Judges.

In these consolidated petitions, Oracio Sanchez-Reyna, a native and citizen

of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”)

orders denying his motions to reopen removal proceedings. We have jurisdiction

under 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to

FILED

OCT 26 2010

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 08-71230

reopen. Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir. 2003). In No. 08-71230,

we deny the petition for review. In No. 08-74241, we deny in part and remand in

part the petition for review.

The BIA did not abuse its discretion by denying Sanchez-Reyna’s motions

to reopen because the BIA considered the evidence he submitted and acted within

its broad discretion in determining that the evidence was either not material, not

new, or insufficient to warrant reopening. See Singh v. INS, 295 F.3d 1037, 1039

(9th Cir. 2002) (BIA’s denial of a motion to reopen shall be reversed if it is

“arbitrary, irrational, or contrary to law”).

In its September 4, 2008, order, the BIA abused its discretion by concluding

that Sanchez-Reyna overstayed his voluntary departure period. As both parties

agree, Sanchez-Reyna obtained a temporary stay of voluntary departure when he

timely petitioned for review of the BIA’s prior February 21, 2008, order, and

moved to stay his voluntary departure prior to its expiration. We therefore remand

No. 08-74241 to the BIA for the limited purpose of reinstating Sanchez-Reyna’s

remaining voluntary departure period.

In No. 08-71230: PETITION FOR REVIEW DENIED.

In No. 08-74241: PETITION FOR REVIEW DENIED in part;

REMANDED in part.
EX-10.53.2



 






Exhibit 10.53.2




JULY 26, 2005




L.B. FOSTER COMPANY

BOARD OF DIRECTORS’ RESOLUTION




     RESOLVED, that the base annual salary of David L. Voltz be, and it hereby is, increased from
$166,000 to $175,000, effective October 1, 2005.
# L_2013134EN.01002101.xml

| 18.5.2013 | EN | Official Journal of the European Union | L 134/21 |
| --- | --- | --- | --- |

18.5.2013

EN

Official Journal of the European Union

L 134/21

---

Corrigendum to the definitive adoption of the European Union’s general budget for the financial year 2013

(
  Official Journal of the European Union L 66 of 8 March 2013
  )

From page I/502 to page I/509, II/514 and II/515, II/519, II/1000 to II/1006 and II/1057, all the differentiated appropriations must be read as non-differentiated appropriations.

---
EXHIBIT 31.4
 
 CERTIFICATION PURSUANT TO
 SECTION 302 OF THE
 SARBANES-OXLEY ACT OF 2002
 
 CERTIFICATIONS
 
 I, David L. Sokol, certify that:
 
 1.

I have reviewed this quarterly report on Form 10-Q ofMidAmerican Funding, LLC;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.

The registrant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 registrant and we have:a)
Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, 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 report is being prepared;b)
Evaluated the effectiveness of the registrants disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; andc)
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 that has materially affected, or is reasonably likely to materially affect, the registrants internal control over financial reporting; and5.

The registrants other certifying officers and I have disclosed, based on our 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; andb)
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: August 3, 2004
 /s/ David L. Sokol
 David L. Sokol
 Chief Executive Officer
EXHIBIT 31.1
 
 CERTIFICATION PURSUANT TO
 SECTION 302 OF THE
 SARBANES-OXLEY ACT OF 2002
 
 CERTIFICATIONS
 
 I, Jack L. Alexander, certify that:
 
 1.

I have reviewed this quarterly report on Form 10-Q ofMidAmerican Energy Company;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.

The registrant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 registrant and we have:a)
Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, 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 report is being prepared;b)
Evaluated the effectiveness of the registrants disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; andc)
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 that has materially affected, or is reasonably likely to materially affect, the registrants internal control over financial reporting; and5.

The registrants other certifying officers and I have disclosed, based on our 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; andb)
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: August 3, 2004
 
 /s/ Jack L. Alexander
 Jack L. Alexander
 Senior Vice President
 (co-chief executive officer)
<PAGE>
 
                                                                   EXHIBIT 10.18


BANK OF AMERICA                    AMENDMENT TO DOCUMENTS

AMENDMENT NO. 3 TO BUSINESS LOAN AGREEMENT

  This amendment No. 3 (the "Amendment") dated as of Aug, 20, 1998 is between
Bank of America National Trust and Savings Association (the "Bank") and Ortel
Corporation (the "Borrower").


                                RECITALS
                                --------

A. The Bank and the Borrower entered into a certain Business Loan Agreement
dated as of June 2, 1995, as previously amended ( the "Agreement").

B. The Bank and the Borrower desire to further amend the Agreement.


                                AGREEMENT
                                ---------

1.  DEFINITIONS.  Capitalized  terms used but not defined in this Amendment
    shall have the meaning given to them in the Agreement.

2.  AMENDMENTS.  The agreement is hereby amended as follows:

    2.1  Subparagraph 1.9(c) of the Agreement is amended to read in its entirety
         as follows:

         *(c) The issuance of any letter of credit and any amendment to a letter
         of credit is subject to the Bank's written approval and must be in form
         and content satisfactory to the Bank and in favor of a beneficiary
         acceptable to the Bank. Without limiting the foregoing, no letter of
         credit may be issued to support any obligation of the Borrower in
         connection with workers' compensation laws or that contains a provision
         providing that the maturity date will be automatically extended each
         year for an additional year unless the Bank gives written notice to the
         contrary."

    2.2  Paragraph 6.6 of the Agreement is deleted in its entirety.

3.  Effect of Amendment.  Except as provided in this Amendment, all of the terms
and conditions of the Agreement shall remain in full force and effect.

    This Amendment is executed as of the date stated at the beginning of this
Amendment.

<TABLE> 
<S>                                                  <C> 
BANK OF AMERICA                                      ORTEL CORPORATION
National Trust and Savings Association
/s/ Kjell Gronvold for                               /s/ Wim H. J. Selders, President

By: Stephen L. Nelson, Vice President                By:  /s/Wim H.J. Selders
                                                          ---------------------------------
                                                          Wim H.J. Selders,
                                                          President and Chief Executive 
                                                          Officer

                                                     By:  /s/Stephen K. Workman
                                                          ---------------------------------
                                                          Stephen K. Workman,
                                                          Vice President, Finance and 
                                                          Chief Financial Officer
</TABLE> 

                                       1
ISLEY v. McDONALD'S CORP.

No. COA05-837

North Carolina Court of Appeals

Filed March 21, 2006

Certification Date April 10, 2006

Appeal from Forsyth (03CVS5927).

Case reported without published opinion. Affirmed.
**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

 

Inconnection with the Quarterly Report of Stratum Holdings, Inc. (the “smallbusiness issuer”) on Form 10-QSB for the quarter ended September 30, 2007 asfiled with the Securities and Exchange Commission on the date hereof (the “Report”),I, Richard A. Piske, III, Chief Executive Officer of the small business issuer,certify, pursuant to 18 U.S.C. 1350, as adopted pursuant to Section 906 of thisSarbanes Oxley Act of 2002, that, to my knowledge:

 

(1)                                  The Report fully complies with therequirements of section 13(a) or 15(d) of the Securities and Exchange Act of1934; and

 

(2)                                  The information contained in the Reportfairly presents, in all material respects, the financial condition and resultsof operations of the small business issuer.

 

 
|   | /s/  Richard A. Piske, III                        |   |
|--------|---------------------------------------------------|--------|
|   |       Richard A. Piske, III   |
|   |       Chief Executive Officer |
|   |       November 12, 2007       |

 

----
Tinya CHERNEY v. NORTH CAROLINA ZOOLOGICAL PARK.

No. 606A04-2.

Supreme Court of North Carolina.

June 29, 2006.

Michael W. Clark, Joe Thomas Knott, III, Raleigh, for Tinya Cherney.

William H. Borden, Assistant Attorney General, for N.C. Zoological Park.

*ORDER*

Upon consideration of the petition filed by Plaintiff on the 8th day of May 2006 in this matter for a writ of mandamus, the following order was entered and is hereby certified to the NC Industrial Commission:

"Allowed by order of the Court in Conference this the 29th day of June 2006."

Justices NEWBY and TIMMONS-GOODSON recused.
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               SEP-30-1997
<CASH>                                           7,114
<SECURITIES>                                         0
<RECEIVABLES>                                    2,071
<ALLOWANCES>                                      (25)
<INVENTORY>                                          0
<CURRENT-ASSETS>                                 9,185
<PP&E>                                          79,123
<DEPRECIATION>                                  22,952
<TOTAL-ASSETS>                                 101,392
<CURRENT-LIABILITIES>                            1,166
<BONDS>                                              0
<COMMON>                                             0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<OTHER-SE>                                      73,971
<TOTAL-LIABILITY-AND-EQUITY>                   101,392
<SALES>                                              0
<TOTAL-REVENUES>                                12,620
<CGS>                                                0
<TOTAL-COSTS>                                   16,606
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 963
<INCOME-PRETAX>                                (3,496)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            (3,496)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (3,496)
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        

</TABLE>
# United States Court of Appeals For the Seventh Circuit Chicago, Illinois 60604 November 18, 2002 Before Hon. FRANK H. EASTERBROOK, Circuit Judge Hon. KENNETH F. RIPPLE, Circuit Judge Hon. DIANE P. WOOD, Circuit Judge
Nos. 01-3068 & 01-3454 RUBEN GOMEZ-CHAVEZ,

Plaintiff-Appellant, Petitioner-Appellant,
v. BRIAN PERRYMAN, District Director,

Defendant-Appellee, and IMMIGRATION AND NATURALIZATION SERVICE,

Respondent-Appellee
. Appeal from the United States District Court for the Northern District of Illinois, Eastern Division. No. 01-C-5768 Suzanne B. Conlon , Judge
.

_________________ Petition to Review Decision of the Immigration and Naturalization Service. INS File No. A 75 897-228

O R D E R The opinion of this court issued on October 24, 2002, is amended to read as follows:Nos. 01-3068 & 01-3454 Page 2 (1) Page 4, first full paragraph, line 12 to 13, “notice of appeal from that decision” is changed to “petition for review.”

(2) Page 4, first full paragraph, line 15, “appeal” is changed to “petition.” (3) Page 5, first full paragraph, line 6, “Appeal” is changed to “Case.” (4) Page 5, first full paragraph, line 9, “appeal” is changed to “petition for review.” (5) Page 5, first full paragraph, line 21 to 22, “appeal” is changed to “petition.” (6) Page 5, first full paragraph under heading III, line 2, “appeal” is changed to “petition for review.”

(7) Page 9, line 11 from the top, “on appeal” is changed to “in a petition for review.” (8) Page 10, second paragraph, line 2, “appeal” is changed to “petition for review.”

SO ORDERED
.
**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 Sign Media Systems, Inc. (the “Company”)
      on Form 10-QSB/A for the quarter ending March 31, 2005, as filed with the
      Securities and Exchange Commission on the date hereof (the “Report”), I, Antonio
      F. Uccello, III, Chief Executive Officer and Chief Financial Officer of
      the
      Company, certify, pursuant to 18 U.S.C. 1350, as adopted pursuant to ss. 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: October
      13, 2005





/s/
      Antonio F. Uccello,
      III


Antonio F. Uccello, III


Chief Executive Officer and


Chief Financial
      Officer
**Exhibit 6.2 **

  

  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 annual report on Form 40-F of Virginia Mines Inc. for the year ended February 29, 2008, as filed with the Securities and Exchange Commission, I hereby 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 annual report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; and 

2. The information contained in the annual report fairly presents, in all material respects, the financial condition and results of operations of the registrant. 

Date: May 29, 2008 

 

*/s/Gaétan Mercier*  Gaétan Mercier   Chief Financial Officer 

  

A signed original of this written statement required by Section 906, or other document authenticating, acknowledging, or otherwise adopting the signature that appears in typed form within the electronic version of this written statement required by Section 906, has been provided to the Registrant and will be retained by the Registrant and furnished to the Securities and Exchange Commission or its staff upon request.
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-END>                               JUN-30-1998
<CASH>                                         (31,652)
<SECURITIES>                                         0
<RECEIVABLES>                                   16,803
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                               954,848
<PP&E>                                      20,347,530
<DEPRECIATION>                               1,383,807
<TOTAL-ASSETS>                              19,918,571
<CURRENT-LIABILITIES>                          929,152
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         7,311
<OTHER-SE>                                   3,193,324
<TOTAL-LIABILITY-AND-EQUITY>                19,918,571
<SALES>                                              0
<TOTAL-REVENUES>                               750,791
<CGS>                                                0
<TOTAL-COSTS>                                  504,551
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             319,511
<INCOME-PRETAX>                                (73,271)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            (73,271)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (148,181)
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        

</TABLE>
STATE v. PEGUSE

No. COA04-1231

North Carolina Court of Appeals

Filed October 4, 2005

Certification Date October 24, 2005

Appeal from Union (01CRS13665, 01CRS51901, 01CRS51923, 01CRS51926, 01CRS51927, 01CRS51928, 01CRS52390, 01CRS51898, 01CRS51902, 01CRS51905, 01CRS51906, 01CRS51907, 01CRS51900, 01CRS51916, 01CRS51919, 01CRS51920, 01CRS51921, 01CRS52328, 01CRS52391).

Cases reported without published opinion. No error in part; reversed in part.