alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

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

*** The Honorable Susan R. Bolton, District Judge for the District of Arizona, sitting by designation. NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
AWAD ABDELRAHAM ALY, Petitioner,
v. ERIC H. HOLDER Jr., Attorney General Respondent. No. 08-71936 Agency No. A095-632-557
MEMORANDUM *

On Petition for Review of an Order of the Board of Immigration Appeals Submitted June 10, 2011 ** Pasadena, California Before: KOZINSKI, Chief Judge, IKUTA, Circuit Judge, and BOLTON, *** District Judge. Awad Abdelraham Aly, a native and citi zen of Egypt, petitions for review of 

# FILED
JUN 23 2011 MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS2 a decision of the Board of Immigration Appeals (“BIA”) denying Aly’s motion to reconsider the denial of his appeal of a prior motion to reopen. We deny the petition in part and dismiss in part. First, in the proceedings before the BI A, Aly did not challenge the decisions of the IJ or the BIA to construe his earlier mo tion as a motion to reopen. Therefore, Aly did not exhaust his argument that the BIA erred in construing his earlier motion, and we lack jurisdiction to consider his argument. See 8 U.S.C. § 1252(d)(1); Barron v. Ashcroft , 358 F.3d 674, 677-78 (9th Cir. 2004). The BIA properly construed Aly’s second motion as a motion to reopen and denied it as an impermissible second motion to reopen. See 8 C.F.R. § 1003.2(c); see also Iturribarria v. INS , 321 F.3d 889, 895-96 (9th Cir. 2003). Second, to the extent Aly’s motion could be construed as a motion to reconsider, the BIA did not abuse its di scretion in denying the motion. Because Aly failed to adequately raise a challenge to the BIA’s denial of his motion based on its determination that Aly failed to rebut the presumption of proper delivery of notice, he has forfeited his right to challenge that denial. See Martinez-Serrano v. INS , 94 F.3d 1256, 1259 (9th Cir. 1996) (noting that issues in the opening brief not supported by argument are deemed abandoned). In addition, Aly’s motion did not specify any error of fact or law, and the evidence submitted by Aly was not sufficient to overcome the3 presumption of effective service. Cf. Sembiring v. Gonzales , 499 F.3d 981, 988-90 (9th Cir. 2007) (describing evidence suffici ent to overcome presumption of effective service); Salta v. INS , 314 F.3d 1076, 1079 (9th Cir. 2002) (same). Finally, the BIA considered the pending fraud charge only in evaluating Aly’s incentives to attend the removal proceedings . The record does not indicate that the BIA impermissibly relied on any assumptions about Aly’s guilt. PETITION FOR REVIEW DENIED in part; DISMISSED in part.
I 

111TH CONGRESS 

2D SESSION H. R. 5073 

To repeal the Patient Protection and Affordable Care Act and the Health 

Care and Education Reconciliation Act of 2010 and enact the OPTION 

Act of 2009. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 20, 2010 

Mr. BROUN of Georgia introduced the following bill; which was referred to the 

Committee on Energy and Commerce, and in addition to the Committees 

on Ways and Means, Education and Labor, Appropriations, the Judiciary, Natural Resources, House Administration, and Rules, for a period 

to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee 

concerned 

A BILL 

To repeal the Patient Protection and Affordable Care Act 

and the Health Care and Education Reconciliation Act 

of 2010 and enact the OPTION Act of 2009. 

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


tjames on DSK5CLS3C1PROD with BILLS
2 

•HR 5073 IH

1 SECTION 1. REPEAL OF THE PATIENT PROTECTION AND 

2 AFFORDABLE CARE ACT AND THE HEALTH 

3 CARE AND EDUCATION RECONCILIATION ACT 

4 OF 2010. 

5 (a) PPACA.—Effective as of the enactment of the 

6 Patient Protection and Affordable Care Act, such Act is 

7 repealed, and the provisions of law amended or repealed 

8 by such Act are restored or revived as if such Act had 

9 not been enacted. 

10 (b) HEALTH CARE AND EDUCATION RECONCILI11 ATION ACT OF 2010.—Effective as of the enactment of 

12 the Health Care and Education Reconciliation Act of 

13 2010, such Act is repealed, and the provisions of law 

14 amended or repealed by such Act are restored or revived 

15 as if such Act had not been enacted. 

16 SEC. 2. ENACTMENT OF THE OPTION ACT OF 2009. 

17 The bill H.R. 3889 (111th Congress), as introduced 

18 in the House of Representatives on October 21, 2009, is 

19 hereby enacted into law. 

Æ 


tjames on DSK5CLS3C1PROD with BILLS
|                                                | State      or Other  | Date      of        |            |   |
|-----------------------------------------------------|----------------------|---------------------|-----------------|--------|
|                                                | Jurisdiction      of | Incorporation,      | Ownership       |
|                                                | Incorporation        | Organization        | (Direct      or |
| Subsidiary                                          | or      Organization | or      Acquisition | Indirect)       |
| 1.Global      Oro LLC                               | Delaware             |                | 2003            |   | 100% |   |
| 2.Global      Plata LLC                             | Delaware             |                | 2003            |   | 100% |   |
| 3.Global      Gold Mining LLC                       | Delaware             |                | 2003            |   | 100% |   |
| 4.Global      Gold Hankavan LLC                     | Armenia              |                | 2003            |   | 100% |   |
| 5.Mego-Gold      LLC                                | Armenia              |                | 2005            |   | 100% |   |
| 6.Getik      Mining Company LLC                     | Armenia              |                | 2006            |   | 100% |   |
| 7.Global      Gold Uranium LLC                      | Delaware             |                | 2007            |   | 100% |   |
| 8.Global      Gold Armenia, LLC                     | Delaware             |                | 2003            |   | 100% |   |
| 9.Minera      Global Chile Limitada                 | Chile                |                | 2004            |   | 100% |   |
| 10.Compania      Minera Global Gold Valdivia S.C.M. | Chile                |                | 2007            |   | 51% |   |
STATE of North Carolina, v. Uber Figueroa MORALES, Defendant.

No. COA18-539

Court of Appeals of North Carolina.

Filed: January 15, 2019

NO ERROR.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of the Interior

###### Bureau of Land Management 

          - [CO-134-1610-DQ] 

# AGENCY:

Bureau of Land Management, Interior. 

# ACTION:

Notice. 

# SUMMARY:

                        The Bureau of Land Management (BLM) is extending the call for nominations for ten membership positions on the McInnis Canyons National Conservation Area Advisory Council. The original notice calling for nominations published in the                         **Federal Register**                         on September 14, 2005 [70 FR 54403]. The original deadline for the call for nominations was October 14, 2005. The purpose of this notice is to extend the nomination period until October 31, 2005. The Council advises the Secretary and the BLM on resource management issues associated with the McInnis Canyons NCA and Black Ridge Canyons Wilderness.                     

# DATES:

Submit a completed nomination form and nomination letters to the address listed below no later than October 31, 2005. 

# ADDRESSES:

Send completed nominations to: McInnis Canyons NCA Manager, Grand Junction Field Office, Bureau of Land Management, 2815 H Road, Grand Junction, CO 81506. 

# FOR FURTHER INFORMATION CONTACT:

                        Maggie Langlas, Program Analyst NLCS, (202) 491-9725,                         *margaret_langlas@blm.gov.*

Dated: October 17, 2005. 

Holly Hampton, 

Acting Group Manager, National Monuments and National Conservation Areas, National Landscape Conservation System. 

[FR Doc. 05-21398 Filed 10-25-05; 8:45 am] 

BILLING CODE 4310-22-P
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

In connection with the Quarterly Report of Metalex Resources, Inc. (the "Company") on Form 10-QSB for the quarter ended September 30, 2005 as filed with the Securities and Exchange Commission on the date here of (the "report"), I, Andrei Stytsenko, Chief Executive Officer and 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 this Report fairly presents, in all material respects, the financial condition and results of operations of the Company.

Dated this 14th day of November, 2005.



| | /s/ Andrei Stytsenko                               
| | ---------------------------------------------------
| | Andrei Stytsenko                                   
| | Chief Executive Officer and Chief Financial Officer













---
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





In
      connection with the report of China Architectural Engineering, Inc. (the
“Company”) on Form 10-Q for the period ending March 31, 2007 as filed with the
      Securities and Exchange Commission on the date hereof (the “Report”), each of
      the undersigned, in the capacities and on the dates indicated below, hereby
      certifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to
      Section 906 of the Sarbanes-Oxley Act of 2002, that to his knowledge:





(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.





/s/
                Luo Ken YiLuo
                Ken YiChief
                Executive OfficerMay
                15, 2007/s/
                Wang XinWang
                XinChief
                Financial OfficerMay
                15, 2007





A
      signed
      original of this written statement required by Section 906 has been
      provided to China Architectural Engineering, Inc. and will be retained by China
      Architectural Engineering, Inc. and furnished to the Securities and Exchange
      Commission or its staff upon request.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Homeland Security

###### Federal Emergency Management Agency 

          - [FEMA-1605-DR] 

# AGENCY:

Federal Emergency Management Agency, Emergency Preparedness and Response Directorate, Department of Homeland Security. 

# ACTION:

Notice. 

# SUMMARY:

This notice amends the notice of a major disaster declaration for the State of Alabama (FEMA-1605-DR), dated August 29, 2005, and related determinations. 

# EFFECTIVE DATE:

October 5, 2005. 

# FOR FURTHER INFORMATION CONTACT:

Magda Ruiz, Recovery Division, Federal Emergency Management Agency, Washington, DC 20472, (202) 646-2705. 

# SUPPLEMENTARY INFORMATION:

The notice of a major disaster declaration for the State of Alabama is hereby amended to include the following area among those areas determined to have been adversely affected by the catastrophe declared a major disaster by the President in his declaration of August 29, 2005: Marengo County for Individual Assistance (already designated for Public Assistance.) 

(The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund Program; 97.032, Crisis Counseling; 97.033, Disaster Legal Services Program; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance; 97.048, Individuals and Households Housing; 97.049, Individuals and Households Disaster Housing Operations; 97.050 Individuals and Households Program-Other Needs, 97.036, Public Assistance Grants; 97.039, Hazard Mitigation Grant Program.) 

R. David Paulison, 

Acting Under Secretary, Emergency Preparedness and Response, Department of Homeland Security. 

[FR Doc. 05-20770 Filed 10-17-05; 8:45 am] 

BILLING CODE 9110-10-P
##### 



EXHIBIT 10.29
 LIMITED WAIVER
TO
LOAN AND SECURITY AGREEMENT
AND AMENDMENT NO. 3
 This Limited Waiver to Loan and Security Agreement and Amendment No. 3 Waiver PlanetOut Inc., PlanetOut PlanetOut USA Inc. PlanetOut USA LPI Media Inc. LPI SpecPub, Inc. SpecPub RSVP Productions, Inc., RSVP Borrowers Borrower ORIX Venture Finance LLC Lender
 Recitals
 A. Amendment No. 2 Loan Agreement
 B. Existing Defaults May Liquidity Test
 C.
 D.
 Agreement
 
 1. Financial Covenants EBITDA Event Liquidity Events




---



##### 



2. Limited Waiver
 3. Conditions to Limited Waiver
 3.1      Engagement of Investment Bankers
 3.2      Establishment of Lockbox
 3.3      Term Sheet for Capital Event Capital Event
 3.4      Capital Event Closings Initial Capital Raise
 3.5      No Prepayments of Indebtedness
 3.6      Payment of Success Fee
 2




---



##### 



4. Amendments
 4.1      Term Loan Interest
 4.2      Minimum Cash.
 5. Borrowers Representations And Warranties
 (a)
 (b)
 (c)
 (d)
 (e)
 3




---



##### 



(f)
  6. Limitation
 7. Effectiveness
 7.1      Waiver
 7.2      Payment of Lender Expenses
 8. Release. Releasees Claims
 4




---



##### 



9. Indemnities
 10. Counterparts
 11. Integration
 12. Governing Law; Venue
  5




---



##### 



In Witness Whereof
 BORROWERS:
 PlanetOut Inc.
    
    LPI Media Inc.By: /s/ Daniel J. Miller
    
    By:/s/ Daniel J. MillerName: Daniel J. Miller
    
    Name: Daniel J. MillerTitle: Senior Vice President, Chief
FinancialOfficer and Treasurer
    
    Title: Chief Financial OfficerAddress and facsimile number for notices:Address and facsimile number for notices:c/o
PlanetOut Inc.
    
    c/o PlanetOut Inc.
1355 Sansome Street1355 Sansome Street
    
    San Francisco, CA 94111San Francisco, CA 94111
    
    Attn: Todd HugeAttn: Todd Huge
    
    fax: (415) 834-6378fax: (415) 834-6378SpecPub, Inc.
    
    RSVP Productions, Inc.By:/s/ Daniel J. Miller
    
    By:/s/ Daniel J. MillerName: Daniel J. Miller
    
    Name: Daniel J. MillerTitle: Chief Financial Officer
    
    Title: Chief Financial OfficerAddress and facsimile number for notices:
    
    Address and facsimile number for notices:c/o PlanetOut Inc.
    
    c/o PlanetOut Inc.1355 Sansome Street
    
    1355 Sansome StreetSan Francisco, CA 94111
    
    San Francisco, CA 94111Attn: Todd Huge
    
    Attn: Todd Hugefax: (415) 834-6378
    
    fax: (415) 834-6378
 6




---



##### 



PlanetOut USA Inc.By:/s/ Daniel J. MillerName: Daniel J. MillerTitle: Chief Financial OfficerAddress and facsimile number for notices:c/o PlanetOut Inc.1355 Sansome StreetSan Francisco, CA 94111Attn: Todd Hugefax: (415) 834-6378
 7




---



##### 



LENDER:
 ORIX Venture Finance LLC
 By:/s/ Kevin P. SheehanName: Kevin P. SheehanTitle: President & CEOAddress and facsimile number for notices:ORIX Venture Finance LLC,245 Park Avenue, 19th FloorNew York, NY 10167-0001Attn: Kevin SheehanFax: (212) 497-7917
  
 8
I 

111TH CONGRESS 

2D SESSION H. R. 5216 

To repeal the Patient Protection and Affordable Care Act. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 5, 2010 

Mr. AKIN introduced the following bill; which was referred to the Committee 

on Energy and Commerce, and in addition to the Committees on Appropriations, Ways and Means, Education and Labor, the Judiciary, Natural 

Resources, House Administration, and Rules, for a period to be subsequently determined by the Speaker, in each case for consideration of such 

provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To repeal the Patient Protection and Affordable Care Act. 

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

3 SECTION 1. REPEAL OF PPACA. 

4 Effective as of the enactment of the Patient Protec5 tion and Affordable Care Act, such Act is repealed, and 

6 the provisions of law amended or repealed by such Act 

7 are restored or revived as if such Act had not been en8 acted. 

Æ 


jbell on DSKDVH8Z91PROD with BILLS
**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 Amendment No. 1 on Form10-QSB/A to the Quarterly Report of Vistula CommunicationsServices, Inc. (the “Company”) for the period ended March 31, 2005, as filed with theSecurities and Exchange Commission on the date hereof (the “Report”), I, RupertGalliers-Pratt, Chief Executive Officer of the Company, certify, to my bestknowledge and belief, pursuant to 18 U.S.C.§ 1350, adopted pursuant to§906 of the Sarbanes-Oxley Act of 2002, that:

 

1)               the Report fully complies with therequirements of Section 13(a) or 15(d) of the SecuritiesExchange Act of 1934, as amended; and

 

2)               the information contained in the Reportfairly presents, in all material respects, the financial condition and resultsof operations of the Company.

 

 
|   | /s/  RUPERT GALLIERS-PRATT |   |
|--------|----------------------------|--------|
|   | Rupert  Galliers-Pratt     |
|   | Chief  Executive Officer   |

 

 

Dated:January 30, 2006

 

Asigned original of this written statement required by Section 906, orother document authenticating, acknowledging, or otherwise adopting thesignature that appears in typed form within the electronic version of thiswritten statement required by Section 906, has been provided to VistulaCommunications Services, Inc. and will be retained by VistulaCommunications Services, Inc. and furnished to the Securities and ExchangeCommission or its staff upon request.

 

----
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



In connection with the Quarterly Report of Timberline Resources Corporation (the Company) on Form 10-Q for the period ended December 31, 2009, as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Randal Hardy, Chief Executive Officer and 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.
|--- | ----------------------------------------------------------------------------------------------------------------------------------------------------



Date: February 12, 2010

| | By:   /s/ Randal Hardy
_____________________________
Randal Hardy
Chief Executive Officer & Chief Financial Officer
Principal Executive and Financial Officer
| | -------------------------------------------------------------------------------------------------------------------------------------------------------------







The foregoing certification is being furnished solely pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (Section 1350 of Chapter 63 of Title 18 of the United States Code) and is not being filed as part of the Report or as a separate disclosure document.
**EXHIBIT 32.2**

 

**SECTION 906 CERTIFICATION OF THE CFO(1)**

 

Certificationof Chief Financial OfficerPursuant to 18 U.S.C. Section 1350, as Adopted Pursuant ToSection 906 of the Sarbanes-Oxley Act of 2002

 

In connection with the Quarterly Report of Favrille, Inc., on Form 10-Qfor the quarter ended June 30, 2006, filed with the Securities andExchange Commission (the “Report”), to which this Certification is attached as Exhibit 32.2,I, Tamara A. Seymour, Chief Financial Officer of Favrille, Inc., certifythat, to the best of my knowledge:

 

1.     The Report fully complies withthe requirements of Section 13(a) or 15(d) of the SecuritiesExchange Act of 1934, as amended; and

 

2.    The information contained in theReport fairly presents, in all material respects, the financial condition andresults of operations of Favrille, Inc. for the period covered by theReport.

 

A signedoriginal of this written statement required by Section 906, or otherdocument authenticating, acknowledging or otherwise adopting the signature thatappears in typed form within the electronic version of this writtenstatement required by Section 906, has been provided to Favrille, Inc.and will be retained by Favrille, Inc. and furnished to the Securities andExchange Commission or its staff upon request.

 

 
| Date   | August 14, 2006 |   | By                      | /s/  Tamara A. Seymour |   |
|--------|----------------------|--------|-------------------------|----------------------------------|--------|
|   |                 |   | Tamara A. Seymour,      |
|   |                 |   | Chief Financial Officer |

 

----

(1) Thiscertification accompanies the Form 10-Q to which it relates, is not deemedfiled with the Securities and Exchange Commission and is not to be incorporatedby reference into any filing of Favrille, Inc. under the Securities Act of1933, as amended, or the Securities Exchange Act of 1934, as amended (whethermade before or after the date of the Form 10-Q), irrespective of anygeneral incorporation language contained in such filing.

 

 

----