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).

JK/Research

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

NISAR MOHAMMAD,

 Petitioner,

 v.

ERIC H. HOLDER Jr., Attorney General,

 Respondent.

No. 07-72220

Agency No. A093-057-269

MEMORANDUM *

On Petition for Review of an Order of the

Board of Immigration Appeals

Submitted March 16, 2010** 

Before: SCHROEDER, PREGERSON, and RAWLINSON, Circuit Judges.

Nisar Mohammad, a native and citizen of Pakistan, petitions for review of

the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen

removal proceedings. We have jurisdiction under 8 U.S.C. § 1252. We review for

FILED

MAR 24 2010

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
JK/Research 2 07-72220

abuse of discretion the denial of a motion to reopen. Iturribarria v. INS, 321 F.3d

889, 894 (9th Cir. 2003). We deny the petition for review.

The BIA did not abuse its discretion in denying Mohammad’s motion to

reopen as untimely where the motion was filed over two years after the BIA’s final

decision, see 8 C.F.R. § 1003.2(c)(2), and Mohammad failed to establish changed

circumstances in Pakistan to qualify for the regulatory exception to the time

limitation, see 8 C.F.R. § 1003.2(c)(3)(ii); see also Toufighi v. Mukasey, 538 F.3d

988, 996-97 (9th Cir. 2008) (underlying adverse credibility determination rendered

evidence of changed circumstances immaterial). 

Mohammad’s contention that the BIA failed to consider the evidence

submitted with the motion to reopen fails, because he has not overcome the

presumption that the BIA did review the record. See Fernandez v. Gonzales, 439

F.3d 592, 603 (9th Cir. 2006). Mohammad’s contention that the BIA failed to

explain its reasons for its decision to deny the motion to reopen is belied by the

record. 

PETITION FOR REVIEW DENIED.
<PAGE>   1

                                                                    EXHIBIT 23.2

                         INDEPENDENT AUDITORS' CONSENT

To the Board of Directors of
DBT Online, Inc.

     We have issued our reports dated August 12, 1999 regarding the consolidated
financial statements of I.R.S.C., Inc. and subsidiaries for each of the three
years in the period ended December 31, 1998, appearing in this Annual Report on
Form 10-K/A of DBT Online, Inc. for the year ended December 31, 1998. We hereby
consent to the incorporation by reference of said reports in the Registration
Statements of DBT Online, Inc. on Form S-8 (Registration No.'s 333-11235 and
333-41313).

                                          CORBIN & WERTZ

Irvine, California
September 10, 1999
# Strom Thurmond: A Featured Biography

**

----

James Strom Thurmond served as a city and county attorney before being elected to the South Carolina state senate in 1932. Following military duty in the Pacific and European theaters during World War II, where he participated in the D-Day invasion of Normandy and earned a Purple Heart, Thurmond served as governor of South Carolina from 1947 to 1951. He ran as the States’ Rights Democratic (also known as Dixiecrat) candidate for president in 1948, calling for continued racial segregation and opposing federal civil rights laws. In 1954 Thurmond won election to the Senate as a write-in candidate, but he pledged to resign in 1956 to allow for a full election process. Carrying out that pledge, Thurmond was again elected in 1956. He took the oath of office again on November 7, 1956, and continued to serve until his retirement on January 3, 2003. In 1956 Thurmond joined 18 other southern senators in signing the Southern Manifesto, a statement that called for resistance to desegregation in public education in the wake of the Supreme Court’s landmark *Brown v. Board of Education of Topeka* decisions. In September of 1964, Thurmond joined the Republican Party. He chaired the Judiciary and Armed Services Committees and was elected president pro tempore. He turned 100 years old in 2002, the only senator to reach that milestone while still in office. He also holds the Senate's record for the longest individual speech, his filibuster against the 1957 Civil Rights Act, which lasted for 24 hours and 18 minutes. 

All Featured Biographies

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### Organizational Chart 

This chart shows the relationships among Senate leaders and officers who manage the flow of legislative and administrative business in the Senate.  

### Contact Your Senator 

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### Related Art 

Strom Thurmond
### **Exhibit 31.2**

 

**PRINCIPALFINANCIAL OFFICER CERTIFICATION**

 

I,Robert B. Wagner, certify that:

 

1.               I havereviewed this quarterly report on Form 10-Q of XETA Technologies, Inc.;

 

2.               Based on myknowledge, this quarterly report does not contain any untrue statement of amaterial fact or omit to state a material fact necessary to make the statementsmade, in light of the circumstances under which such statements were made, notmisleading with respect to the period covered by this quarterly report; 

 

3.               Based on myknowledge, the financial statements, and other financial information includedin this quarterly report, fairly present in all material respects the financialcondition, results of operations and cash flows of the registrant as of, andfor, the periods presented in this quarterly report; 

 

4.     Theregistrant's other certifying officer and I are responsible for establishingand maintaining disclosure controls and procedures (as defined in Exchange ActRules 13a-15(e) and 15d-15(e)) for the registrant and we have:

 

a)     designed such disclosurecontrols and procedures, or caused such disclosure controls and procedures tobe designed under our supervision, to ensure that material information relatingto the registrant, including its consolidated subsidiaries, is made known to usby others within those entities, particularly during the period in which thisquarterly report is being prepared;

 

b)    evaluated the effectiveness ofthe registrant's disclosure controls and procedures and                presented in this quarterly report ourconclusions about the effectiveness of the disclosure controls and procedures,as of the end of the period covered by this report based on such evaluation;and

 

(c)   disclosed inthis report any change in the registrant’s internal control over financialreporting that occurred during the registrant’s most recent fiscal quarter thathas materially affected, or is reasonably likely to materially affect, theregistrant’s internal control over financial reporting.

 

5.     The registrant's othercertifying officer and I have disclosed, based on our most recent evaluation ofinternal control over financial reporting, to the registrant's auditors and theaudit committee of registrant's board of directors (or persons performing theequivalent function):

 

a)     all significant deficiencies and materialweaknesses in the design or operation of internal control over financialreporting which are reasonably likely to adversely affect the registrant'sability to record, process, summarize and report financial information; and

 

b)    any fraud, whether or not material, thatinvolves management or other employees who have a significant role in theregistrant's internal control over financial reporting.

 

 
| Dated: September 10,  2008 |   |
|----------------------------|--------|
|                       |   |
|                       |   |
| /s/ Robert B. Wagner       |   |
| Robert  B. Wagner          |   |
| Chief  Financial Officer   |   |

 

----
# Allen Ellender: A Featured Biography

**

----

Elected to the Senate in 1936, Allen Ellender of Louisiana devoted most of his time to agricultural issues, including supporting the agricultural policies of President Franklin Roosevelt’s New Deal program. He chaired the Agriculture Committee for 18 years, shaping national policy, promoting modern practices, and providing federal support to many farmers. Not all farmers benefitted from Ellender’s efforts, however, which routinely excluded African Americans. Throughout his Senate career, Ellender remained a staunch segregationist and opposed all civil rights measures. He signed the Southern Manifesto in 1956 that called for resistance to desegregation in public education in the wake of the Supreme Court’s *Brown v. Board of Education of Topeka* decisions. Among his colleagues on Capitol Hill, Ellender was popular and well liked, often hosting senators and presidents of both parties in his Senate hideaway office where he served his famous Cajun shrimp gumbo.  In 1971 the Senate elected Ellender as president pro tempore, but his service was cut short when he died suddenly a year later. 

All Featured Biographies

        -  Contact 
        -  Leadership & Officers 
        -  Former Senators 
        -  Qualifications & Terms of Service 
        -  Facts & Milestones 
        -  States 

### Organizational Chart 

This chart shows the relationships among Senate leaders and officers who manage the flow of legislative and administrative business in the Senate.  

### Contact Your Senator 

Can't find your senator's name in the list of Senators?  Perhaps he or she is a member of the U.S. House of Representatives, or a Senator in your State Legislature.

### Biographical Directory 

The Directory provides information about former and current senators.
#### Margaret Long, as Administratrix, etc., of James Long, Deceased, Respondent, v. Onondaga Independent Telephone Company, Appellant.

Judgment and order affirmed, with costs.

All concurred.
Summary of Executive Compensation



 Exhibit 10.24 
 Summary of Executive Officer Compensation 
 The following named executive
officers of ABIOMED, Inc. are at will employees of ABIOMED and have not entered into a formal employment agreement with ABIOMED. The current understanding between each employee and ABIOMED with respect to the employee’s compensation is as
follows: 
  

							
	 Name
	  	Base Salary	  	Bonus
Target for
Fiscal 2010
	 William Bolt
	  	$	240,000	  	$	100,000
	 Andrew J. Greenfield
	  	$	215,000	  	$	100,000

 These officers are also eligible to receive grants of stock options and other awards at the
discretion of ABIOMED’s Compensation Committee. 
 We have an employment agreement with our Chief Executive Officer, Michael R.
Minogue, which sets forth the terms of his employment. Mr. Minogue’s current salary is $371,700 and his target bonus for fiscal 2010 is $371,700. We have an offer letter with our Chief Financial Officer, Robert L. Bowen, which sets
forth the terms of his employment. Mr. Bowen’s current salary is $290,000 and his target bonus for fiscal 2010 is $150,000. We also have an offer letter with our Chief Operating Officer, David M. Weber, which sets forth the terms of
his employment. Mr. Weber’s current salary is $275,000 and his target bonus for fiscal 2010 is $100.000.
```

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2439 Introduced in Senate (IS)]

106th CONGRESS
  2d Session
                                S. 2439

  To authorize the appropriation of funds for the construction of the 
      Southeastern Alaska Intertie system, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             April 13, 2000

 Mr. Murkowski (for himself and Mr. Stevens) introduced the following 
bill; which was read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 A BILL

 
  To authorize the appropriation of funds for the construction of the 
      Southeastern Alaska Intertie system, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That there is hereby 
authorized to be appropriated to the Secretary of Energy such sums as 
may be necessary to assist in the construction of the Southeastern 
Alaska Intertie system as generally identified in Report #97-01 of the 
Southeast Conference. Nothing in this Act shall be construed to limit 
or waive any otherwise applicable State or Federal law, including, but 
not limited to environmental laws, relating to funding for or 
construction of the system.
                                 <all>
```
<PAGE>

                                                                 EXHIBIT 10.11




November 12, 1996



Mr. Mark Dobbins
207 Country Club Drive
Greensboro, NC  27408

Dear Mark:

This will confirm the offer of employment for the position of Vice President
of Human Resources.  The offer is effective November 18, 1996.

Following is a synopsis of the details we discussed:

BASE SALARY:            $11,460/month (Subject to review 6/1/97 and 12/1/97)

BONUS:                  A sign-on bonus of one month's salary

INCENTIVE BONUS:        Eligibility under the RBX annual incentive plan for
                        1997.

RETIREMENT:             Eligibility under the RBX Pension Plan and 401 (K)
                        Savings Plan.

VACATION:               Two (2) weeks vacation in 1997; four (4) weeks each
                        year thereafter.

HEALTH/LIFE/LTD :       Per RBX Plans - See Attached.  (90-day waiting
                        period waived)

RELOCATION:             See Attached.
                        Relocation expenses will be grossed up for tax
                        purposes.
<PAGE>

Page 2
Mark Dobbins
November 12, 1996





SEVERANCE:              If your employment is terminated by the Company for
                        any reason other than cause during the first three (3)
                        years of your employment, you will receive 6 (six)
                        months severance pay.

As we discussed, I will propose to the Board that you be considered for the
RBX Incentive Stock Option Plan.

If you have any questions, please let me know. I am excited about you joining
our management team and know that you can make a major contribution.

Sincerely,



Frank H. Roland

FHR/lkb
Enc.


                                                      ------------------------
                                                               Accepted
# John Sherman: A Featured Biography

**

----

John Sherman was born in Lancaster, Ohio, on May 10, 1823. He was the younger brother of Civil War-era general William Tecumseh Sherman. After working as an engineer on canal projects and as a lawyer, he was elected as a Republican to the U.S. House of Representatives in 1854, where he served until elected in 1861 to fill the Senate seat vacated by Salmon P. Chase. Between 1861 and 1897, John Sherman interrupted his tenure in the Senate to serve in the cabinets of two presidents, both from Ohio. He acted as Rutherford B. Hayes's secretary of the treasury (March 10, 1877-March 3, 1881) and William McKinley's secretary of state (March 6, 1897-April 27, 1898). During his time in the Senate Sherman chaired numerous committees, was Republican Conference chairman (1884-1885, 1891-1897), and acted as president pro tempore during the 49th Congress (1885-1887). On June 17, 1894, John Sherman broke the Senate service record, previously held by Missouri's Thomas Hart Benton. With nearly 32 years in the Senate, John Sherman is perhaps best remembered for authoring the Sherman Antitrust Act (1890), the first federal law targeting monopolies and anti-competitive behavior. John Sherman died in Washington, D.C., on October 22, 1900, and is buried in Ohio.

All Featured Biographies

        -  Contact 
        -  Leadership & Officers 
        -  Former Senators 
        -  Qualifications & Terms of Service 
        -  Facts & Milestones 
        -  States 

### Organizational Chart 

This chart shows the relationships among Senate leaders and officers who manage the flow of legislative and administrative business in the Senate.  

### Contact Your Senator 

Can't find your senator's name in the list of Senators?  Perhaps he or she is a member of the U.S. House of Representatives, or a Senator in your State Legislature.

### Biographical Directory 

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### Related Art 

John Sherman
Case 71 — Action fob Mandamus

May 22.

#### Suter, Sheriff, v. Stone, Auditor.

APPEAL FROM FRANKLIN CIRCUIT COURT.

Judgment fob Defendant and Plaintiff Appeals.

Affirmed.

Sheriffs — Compensation fob Transporting Witness to Another County.

Held. A sheriff is p.oi entitled to be reimbursed out of the State treasury for the cost of transporting to another county a witness in a criminal case, charged with contempt, as the statute makes no provision therefor.

JAS. H. POIjSCIROVE, Attorney for appellant.

While there is no specific provision for the payment by the State of the expense of the sheriff in conveying a prisoner from one county to another, in cases of this kind the trend of the several sections, 1728, 356, 354 and 888, indicate that it was the intention of the Legislature; and it seems to be the spirit of the law that all fees and expenses incident to the prosecution and trial of a felony case, as well as that all fees and expenses incurred in maintaining decorum and preserving the dignity of the circuit court, should be paid by the State.

Opinion of this court by

JUDGE PAYNTER

Affirming.

There was pending in the Carter Circuit Court an indictment charging a certain person with murder. One George Shelton resided in Franklin county, and was summoned as a witness in that proceeding, and, failing to obey the summons, an order was issued by the Garter Circuit Court directing the sheriff of Franklin county to arrest and bring him before the Garter Circuit, which he did. The auditor refusing to issue his warrant for the cost of transportation, this proceeding was instituted to compel him to do so.,

An officer should not be compelled to defray the expense *519of transporting a prisoner from one county to another without, at least, being reimbursed the amount he expended. However, under the adjudications of this court, the auditor can not be compelled to issue his wdrrant unless there is a statute authorizing the payment of the claim. The statute authorizes the payment of jailers for imprisoning and releasing one charged with contempt. It also allows him compensation for keeping and dieting such a prisoner. It also allows the sheriff sixty cents for executing a process in contempt proceedings in a criminal case when the court excuses the contempt. It álso provides that, when a witness is attached for his failure to appear without good cause therefor, he shall pay all costs resulting from his failure to do so. The court excused Shelton; therefore he was not liable for the cost of his transportation. There being no statute authorizing the payment of this expense, we must hold that the auditor properly refused to issue his warrant.

The fact that the Legislature provided that the State should pay certain expenses in the arrest and confinement of persons charged with contempt excludes the idea that those not named should be so paid by the State. Subsection 1, section 1749, Kentucky Statutes, provides that “no officer shall demand or. receive . . . any fee for services rendered when the law has not fixed on a compensation therefor. . . .” The judgment is affirmed.
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

I, Darren P. Craig, do , hereby certify, pursuant to 18 U.S.C. section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to the best of my knowledge:

|(1) | The Annual Report of Global Med Technologies, Inc. (the "Company") on Form 10-KSB for the period ended December 31, 2007 as filed with the Securities and Exchange Commission on the date hereof (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: March 7, 2008

| | /s/ Darren P. Craig      
| | -------------------------
| | Name: Darren P. Craig    
| | Vice President of Finance

A signed original of this written statement required by Section 906, or other documentation authentications, 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 Global Med Technologies, Inc. and will be retained by Global Med Technologies, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.

---
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

WU ZHANG,

 Petitioner,

 v.

ERIC H. HOLDER, Jr., Attorney General,

 Respondent.

No. 13-70957

Agency No. A096-188-823

MEMORANDUM*

On Petition for Review of an Order of the

Board of Immigration Appeals

Submitted September 23, 2014** 

Before: W. FLETCHER, RAWLINSON, and CHRISTEN, Circuit Judges. 

Wu Zhang, a native and citizen of China, petitions for review of the Board

of Immigration Appeals’ (“BIA”) order denying his motion 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 reopen. Najmabadi v. Holder, 597 F.3d 983,

FILED

OCT 3 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).
986 (9th Cir. 2010). We deny the petition for review.

The BIA did not abuse its discretion in denying Zhang’s motion to reopen

because it was untimely and number-barred, see 8 C.F.R. § 1003.2(c)(2), and

Zhang failed to demonstrate that he qualified for the exception to the time and

numerical limitations for filing motions to reopen based on materially changed

circumstances arising in China, see 8 C.F.R. § 1003.2(c)(3)(ii); Najmabadi, 597

F.3d at 987 (evidence must be “qualitatively different” from the evidence presented

at the previous hearing). Zhang’s contention that the BIA did not make a careful

and individualized determination, and his contention that the BIA did not carefully

consider the background materials he submitted are not supported by the record. 

PETITION FOR REVIEW DENIED.

2 13-70957