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NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

EDDY BASILLO-ARROYO, AKA Eddy

Lopez,

Petitioner,

 v.

WILLIAM P. BARR, Attorney General,

Respondent.

No. 16-71947

Agency No. A205-716-540

MEMORANDUM*

On Petition for Review of an Order of the

Board of Immigration Appeals

Submitted August 7, 2019** 

Before: THOMAS, Chief Judge, HAWKINS and McKEOWN, Circuit Judges. 

Eddy Basillo-Arroyo, a native and citizen of Mexico, petitions for review of

the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an

immigration judge’s (“IJ”) decision denying his application for asylum,

withholding of removal, and relief under the Convention Against Torture (“CAT”). 

FILED

AUG 28 2019

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

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

except as provided by Ninth Circuit Rule 36-3.

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

without oral argument. See Fed. R. App. P. 34(a)(2).
We review de novo questions of law, Cerezo v. Mukasey, 512 F.3d 1163, 1666 (9th

Cir. 2008), except to the extent that deference is owed to the BIA’s interpretation

of the governing statutes and regulations, Simeonov v. Ashcroft, 371 F.3d 532, 535

(9th Cir. 2004). We review for substantial evidence the agency’s factual findings. 

Shrestha v. Holder, 590 F.3d 1034, 1039 (9th Cir. 2010). Our jurisdiction is

governed by 8 U.S.C. § 1252, and we deny in part and dismiss in part the petition

for review.

Basillo-Arroyo does not challenge the IJ and BIA’s determination that his

asylum application was untimely in his opening brief. Thus, this issue is waived,

and we do not reach the merits of his asylum claim. See Smith v. Marsh, 194 F.3d

1045, 1052 (9th Cir. 1999) (“[A]rguments not raised by a party in its opening brief

are deemed waived.”). 

Substantial evidence supports the BIA’s determination that Basillo-Arroyo

failed to establish he would be persecuted on account of a protected ground. See

Zetino v. Holder, 622 F.3d 1007, 1016 (9th Cir. 2010) (holding that an applicant’s

“desire to be free from harassment by criminals motivated by theft or random

violence by gang members bears no nexus to a protected ground”). Thus, BasilloArroyo’s withholding of removal claim fails. 

2
Basillo-Arroyo failed to challenge the IJ’s denial of CAT relief before the

BIA. Thus, this issue is unexhausted. See Baron v. Ashcroft, 358 F.3d 674,

677–78 (9th Cir. 2004) (holding that courts lack jurisdiction to review claims not

presented to the agency). 

PETITION FOR REVIEW DENIED in part; DISMISSED in part. 

3
# C_2009124EN.01001501.xml

| 4.6.2009 | EN | Official Journal of the European Union | C 124/15 |
| --- | --- | --- | --- |

4.6.2009

EN

Official Journal of the European Union

C 124/15

---

CALL FOR PROPOSALS — DG TREN/E1/SUB-266-2009

CALL FOR PROPOSALS

2009/C 124/05

The Commission intends to award a grant for actions aimed at improving the training of control officers responsible for the application of Community law concerning international road transport as announced in the DG TREN work programme for 2009.

Information on this call for proposals is available on the following Internet address:

http://ec.europa.eu/transport/grants/index_en.htm

---
**Exhibit
32.1**
  **CERTIFICATION**
 **OF**
 **CHIEF
EXECUTIVE OFFICER**
 **AND**
 **CHIEF
FINANCIAL OFFICER**
 **PURSUANT
TO 18 U.S.C. 1350,**
 **AS
ADOPTED PURSUANT TO**
 **SECTION
906 OF THE SARBANES-OXLEY ACT OF 2002**
  I, Jacov
Vaisman, certify, pursuant to 18 U.S.C. 1350, as adopted pursuant to Section 906
of the Sarbanes-Oxley Act of 2002, that the Annual Report on Form 10-KSB of
Advanced Medical Institute Inc. for the year ended December 31, 2004 fully
complies with the requirements of Section 13(a) or 15(d) of the Securities
Exchange Act of 1934 and that information contained in such Annual Report on
Form 10-KSB fairly presents, in all material respects, the financial condition
and results of operations of Advanced Medical Institute Inc.
  I, Dilip
Shrestha, certify, pursuant to 18 U.S.C. 1350, as adopted pursuant to Section
906 of the Sarbanes-Oxley Act of 2002, that the Annual Report on Form 10-KSB of
Advanced Medical Institute Inc. for the year ended December 31, 2004 fully
complies with the requirements of Section 13(a) or 15(d) of the Securities
Exchange Act of 1934 and that information contained in such Annual Report on
Form 10-KSB fairly presents, in all material respects, the financial condition
and results of operations of Advanced Medical Institute Inc.
  May 24,
2005
 
 By: /s/ Jacov
      VaismanJacov
      VaismanChief
      Executive Officer
 By: /s/ Dilip
      ShresthaDilip
      ShresthaChief Financial
      Officer
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 Health and Human Services

###### National Institutes of Health

                    Notice is hereby given of a change in the meeting of the National Heart, Lung, and Blood Institute Special Emphasis Panel, December 5, 2005, 12 p.m. to December 5, 2005, 3 p.m., National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892 which was published in the                     **Federal Register**                     on November 16, 2005, 70 FR 69579.                

The meeting will be held on December 7, 2005 and will start at 9 a.m. The meeting is closed to the public.

Dated: November 23, 2005.

Nancy Middendorf,

Acting Director, Office of Federal Advisory Committee Policy.

[FR Doc. 05-23583 Filed 12-2-05; 8:45 am]

BILLING CODE 4140-01-M
# CE2013168EN.01014601.xml

| 14.6.2013 | EN | Official Journal of the European Union | CE 168/146 |
| --- | --- | --- | --- |

14.6.2013

EN

Official Journal of the European Union

CE 168/146

---

Tuesday 13 December 2011Nomination of a member of the Court of Auditors (Mr H.G. Wessberg - SE)

P7_TA(2011)0559

European Parliament decision of 13 December 2011 on the nomination of Hans Gustaf Wessberg as a Member of the Court of Auditors (C7-0342/2011 – 2011/0807(NLE))

2013/C 168 E/33

(Consultation)

The European Parliament,

The European Parliament

| — | having regard to Article 286(2) of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C7-0342/2011), |
| --- | --- |

—

having regard to Article 286(2) of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C7-0342/2011),

| — | having regard to the fact that at its meeting of 23 November 2011 the Committee on Budgetary Control heard the Council’s nominee for membership of the Court of Auditors, |
| --- | --- |

—

having regard to the fact that at its meeting of 23 November 2011 the Committee on Budgetary Control heard the Council’s nominee for membership of the Court of Auditors,

| — | having regard to Rule 108 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 108 of its Rules of Procedure,

| — | having regard to the report of the Committee on Budgetary Control (A7-0415/2011), |
| --- | --- |

—

having regard to the report of the Committee on Budgetary Control (A7-0415/2011),

| A. | whereas Hans Gustaf Wessberg fulfils the conditions laid down in Article 286(1) of the Treaty on the Functioning of the EU; |
| --- | --- |

A.

whereas Hans Gustaf Wessberg fulfils the conditions laid down in Article 286(1) of the Treaty on the Functioning of the EU;

| 1. | Delivers a favourable opinion on the Council's nomination of Hans Gustaf Wessberg as a Member of the Court of Auditors; |
| --- | --- |

1.

Delivers a favourable opinion on the Council's nomination of Hans Gustaf Wessberg as a Member of the Court of Auditors;

| 2. | Instructs its President to forward this decision to the Council and, for information, the Court of Auditors, the other institutions of the European Union and the audit institutions of the Member States. |
| --- | --- |

2.

Instructs its President to forward this decision to the Council and, for information, the Court of Auditors, the other institutions of the European Union and the audit institutions of the Member States.

---
Case 1:07-cv-03496-WHP Document 16-41 Filed 06/20/2007 Page 1 of 25
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Case 1:07-cv-03496-WHP Document 16-41 Filed 06/20/2007 Page 10 of 25
Case 1:07-cv-03496-WHP Document 16-41 Filed 06/20/2007 Page 11 of 25
Case 1:07-cv-03496-WHP Document 16-41 Filed 06/20/2007 Page 12 of 25
Case 1:07-cv-03496-WHP Document 16-41 Filed 06/20/2007 Page 13 of 25
Case 1:07-cv-03496-WHP Document 16-41 Filed 06/20/2007 Page 14 of 25
Case 1:07-cv-03496-WHP Document 16-41 Filed 06/20/2007 Page 15 of 25
Case 1:07-cv-03496-WHP Document 16-41 Filed 06/20/2007 Page 16 of 25
Case 1:07-cv-03496-WHP Document 16-41 Filed 06/20/2007 Page 17 of 25
Case 1:07-cv-03496-WHP Document 16-41 Filed 06/20/2007 Page 18 of 25
Case 1:07-cv-03496-WHP Document 16-41 Filed 06/20/2007 Page 19 of 25
Case 1:07-cv-03496-WHP Document 16-41 Filed 06/20/2007 Page 20 of 25
Case 1:07-cv-03496-WHP Document 16-41 Filed 06/20/2007 Page 21 of 25
Case 1:07-cv-03496-WHP Document 16-41 Filed 06/20/2007 Page 22 of 25
Case 1:07-cv-03496-WHP Document 16-41 Filed 06/20/2007 Page 23 of 25
Case 1:07-cv-03496-WHP Document 16-41 Filed 06/20/2007 Page 24 of 25
Case 1:07-cv-03496-WHP Document 16-41 Filed 06/20/2007 Page 25 of 25
# C o u rt o f

A p p ea ls

o f t h e S t a te o f

G eo rg ia

ATLANTA,_

_ _ __ _ _ __ _ __ _ _ _ _ _ __ _

Th e Co u rt

o f Ap p ea l s h er eb y p a s s es t h e f

o ll owi n g o r der :

A2 1 A0 33 6 . J OHN TI M OTHY MONS v

. THE STATE.

In J u l y 20 19

, J o hn Ti m o th y M o n s p led g u il t y t o t wo co un t s o f s m as h an d g rab

b u rg lary an d o n e co u nt o f at t em p t t o co m m i t s m as h an d g rab bu rg lary

. In Au g u s t

2 0 1 9

, M o n s fi l ed

, t hro u g h co u n s el

, a m o t io n t o wi t h d raw gu i l t y p lea. O n Feb ru ary 1 4,

2 0 2 0

, t h e t ri al co u rt i s s u ed an o rd er s t at in g t h at M on s , t h ro u gh co u n s el

, w i t hd rew t h e

m o ti o n t o wi t h d raw g u i l ty p l ea. M o n s t h en fi l ed a p r o s e no t ice o f ap peal o f t h at

o rd er. W e l ack ju ri sd i ct io n

.

“ A cri m i n al d efen d an t i n Geo rg i a d o es no t h av e th e ri g ht t o rep res en t h i m s el f

an d al s o b e rep res en t ed b y an at t o rn ey , an d pro s e fi li ng s b y rep res en ted p art i es are

t h erefo re u n au t h o ri zed an d wi t h o u t effect .” To l b er t v. To o l e , 2 9 6 Ga. 3 5 7

, 3 6 3 (3 )

(7 6 7 SE2 d 2 4 ) (2 0 1 4 ) (p un ct u at i o n o m it t ed ); acco rd W h i t e v. S t a t e , 3 0 2 Ga. 3 1 5

, 3 1 9

(2 ) (8 0 6 SE2 d 4 8 9 ) (2 0 1 7 ) (t h e d efen d an t’ s p r o s e m ot i o n s t o wi t h d raw h i s g ui l t y

p l eas w e r e l eg al n u l li t i es b ecau s e h e was rep res en t ed b y co u ns el wh en h e m ad e

t h em ). “ A fo rm al w i t hd rawal o f co u n s el can n o t be acco m p l i s hed u n t i l aft er t h e t ri al

co u rt is s u es an o rd er p erm i t t i n g t h e wi t h drawal

. Un t i l s u ch an o rd er pro p erl y i s m ad e

an d en t ered

, n o fo rm al wi t h d rawal can o ccu r an d co u n s el rem ai n s co u ns el o f reco rd .”

To l b er t , 2 9 6 Ga. at 3 62 (3 ) (p u n ct uat i o n o m it ted ). October 13, 2020Here, t h e reco rd co n t ai n s n o i n di cat i on t h at t he t ri al co u rt h as rel i ev ed M o n s ’ s

co u ns el o f h is rep res en t at i on

. Co n s eq u en t l y , M o n s ’ s p ro s e n o t ice o f ap p eal i s a l eg al

n u l l i t y , an d t h is ap p eal i s h ereb y DISM ISSED fo r l ack o f j u ri s d i ct i o n

. See To l b er t

, 2 9 6 Ga. at 3 6 2 -3 6 3 (3 ).

C o u r t o f A p p e a l s o f t h e S t a t e o

f G e o r g ia

C le r k ’ s O f f i c e

, A t la n t a

,

_

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ I c e r ti fy t h a t t h e a b o v e is a t r u e e x t r a c t f r o m

t h e m i n u t e s o

f t h e C o u r t o

f A p p e a l s o f G e o r g i a

. W i tn e s s m y s i g n a t u r e a n d th e s e a l o

f s a i d c o u r t

h e r e t o a f f i x e d t h e d a y a n d y e a r l a s t a b o v e w r i t t e n

.

, C l e r k

. 10/13/2020
[Federal Register Volume 70, Number 229 (Wednesday, November 30, 2005)]
[Notices]
[Pages 71810-71814]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-23482]



[[Page 71810]]

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

DEPARTMENT OF DEFENSE

Office of the Secretary


Revised Non-Foreign Overseas Per Diem Rates

AGENCY: DoD, Per Diem, Travel and Transportation Allowance Committee.

ACTION: Notice of revised non-foreign overseas per diem rates.

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

SUMMARY: The Per Diem, Travel and Transportation Allowance Committee is 
publishing Civilian Person Per Diem Bulletin Number 242. This bulletin 
lists revisions in the per diem rates prescribed for U.S. Government 
employees for official travel in Alaska, Hawaii, Puerto Rico, the 
Northern Mariana Islands and Possessions of the United States. AEA 
changes announced in Bulletin Number 194 remain in effect. Bulletin 
Number 242 is being published in the Federal Register to assure that 
travelers are paid per diem at the most current rates.

DATES: Effective Date: December 1, 2005.

SUPPLEMENTARY INFORMATION: This document gives notice of revisions in 
per diem rates prescribed by the Per Diem Travel and Transportation 
Allowance Committee for non-foreign areas outside the continental 
United States. It supersedes Civilian Personnel Per Diem Bulletin 
Number 241. Distribution of Civilian Personnel Per Diem Bulletins by 
mail was discontinued. Per Diem Bulletins published periodically in the 
Federal Register now constitute the only notification of revisions in 
per diem rates to agencies and establishments outside the Department of 
Defense. For more information or questions about per diem rates, please 
contact your local travel office. The text of the Bulletin follows:

    Dated: November 23. 2005.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, DoD.
BILLING CODE 5001-06-M

[[Page 71811]]

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[FR Doc. 05-23482 Filed 11-29-05; 8:45 am]
BILLING CODE 5001--06-C
#### STATE v. LONG

No. 191 PC.

Case below: 41 N.C. App. 405.

Petition by defendant for discretionary review under G.S. 7A-31 denied 30 July 1979.
Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

PENSACOLA DIVISION

UNITED STATES OF AMERICA

vs. CASE NO.: 3:10cr18/MCR

ALEJANDRO GODINEZ-BUSTAMANTE

 /

ACCEPTANCE OF PLEA OF GUILTY

Pursuant to the Report and Recommendation of the United States Magistrate

Judge, to which there has been no timely objections, and subject to this Court’s

consideration of the plea agreement pursuant to Fed.R.Crim.P. 11(e)(2), the plea of

guilty of the defendant, ALEJANDRO GODINEZ-BUSTAMANTE, to the one count

indictment against him is hereby ACCEPTED. All parties shall appear before this

Court for sentencing as directed.

DONE AND ORDERED this 17th day of March, 2010.

 s/M. Casey Rodgers 

M. CASEY RODGERS

UNITED STATES DISTRICT JUDGE
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

HUY NGUYEN, individually and on behalf 

of all others similarly situated, 

Plaintiff-Appellee, 

 v. 

WELLS FARGO BANK, N.A., 

Defendant-Appellant.

No. 17-17510 

D.C. No. 3:15-cv-05239-JCS 

MEMORANDUM*

Appeal from the United States District Court

for the Northern District of California

Joseph C. Spero, Magistrate Judge, Presiding

Argued and Submitted April 19, 2019

San Francisco, California

Before: HAWKINS and M. SMITH, Circuit Judges, and LYNN,** District Judge.

Wells Fargo appeals the grant of class certification on Huy Nguyen’s expense 

reimbursement and late payment claims, both brought pursuant to the California 

Labor Code. We have jurisdiction under 28 U.S.C. § 1292 and affirm. 

 

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

except as provided by Ninth Circuit Rule 36-3.

** The Honorable Barbara M. G. Lynn, Chief United States District 

Judge for the Northern District of Texas, sitting by designation.

FILED

JUN 13 2019

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 

1. The court applied the correct legal standard in certifying a class to pursue 

Nguyen’s expense reimbursement claim under California Labor Code Section 2802. 

The court properly considered and applied the relevant factors set forth in Federal 

Rule of Civil Procedure 23 and applied the correct standard of liability under Section 

2802. See CAL. LAB. CODE § 2802(a); O’Hara v. Teamsters Union Local No. 

856, 151 F.3d 1152, 1157 (9th Cir. 1998). Contrary to Wells Fargo’s contention, the 

court did not read out of Section 2802 the requirement that an expense be necessarily 

incurred in the discharge of an employee’s duties; it properly found that liability 

“turn[ed] on whether the marking expenses at issue were reasonably necessary to the 

discharge of the [employees’] duties.” Thus, we review for abuse of discretion. 

O’Connor v. Uber Techs., Inc., 904 F.3d 1087, 1094 (9th Cir. 2018).

There was no abuse of discretion in concluding that the claim was amendable 

to class treatment. The court did not rely on an improper factor, omit a substantial 

factor, or commit a clear error in judgment or its findings of fact. See id. 

Additionally, there was no abuse of discretion in declining to apply principles of 

comity to follow Buchanan v. HomeServices Lending, LLC, a non-binding, factually 

distinguishable case involving different parties. See No. 11cv0922 L(MDD), 2013 

WL 1788579, at *1 (S.D. Cal. Apr. 25, 2013). 

2. The court did not err in certifying a class to pursue the late payment of 

commissions claim under California Labor Code Section 204. The court properly 
3 

considered and applied the applicable factors under Rule 23 and the correct legal 

standard for liability for such a claim. Finally, the court did not commit clear error 

in making its findings of fact or otherwise abuse its discretion in concluding that this 

claim was amenable to class treatment. 

AFFIRMED.
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
         This schedule contains summary financial information extracted from the
consolidated balance sheets and consolidated statements of operations contained
in the Company's Quarterly Report on Form 10-QSB for the period ended September
30, 1999 and is qualified in its entirety by reference to such financial
statements.
</LEGEND>
<CIK>                         0000058636
<NAME>                        eNote.com, Inc.
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<S>                             <C>
<PERIOD-TYPE>                   9-MOS
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