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NOT FOR PUBLICATION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

GUSTAVO CHAIREZ,

 Petitioner,

 v.

ERIC H. HOLDER, Jr., Attorney General,

 Respondent.

No. 08-71065

Agency No. A095-181-281

MEMORANDUM*

On Petition for Review of an Order of the

Board of Immigration Appeals

Submitted April 17, 2012** 

Before: LEAVY, PAEZ, and BEA, Circuit Judges.

Gustavo Chairez, a native and citizen of Mexico, petitions pro se for review

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

removal proceedings. Our jurisdiction is governed by 8 U.S.C. § 1252. We review

for abuse of discretion the denial of a motion to reopen, Ordonez v. INS, 345 F.3d

FILED

APR 23 2012

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 08-71065

777, 782 (9th Cir. 2003), and we deny in part and dismiss in part the petition for

review. 

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

because the BIA considered the evidence submitted and acted within its broad

discretion in determining Chairez did not show prima facie eligibility for relief

under the Convention Against Torture. See INS v. Abudu, 485 U.S. 94, 104-05

(1988) (the BIA may deny a motion to reopen for failure to establish a prima facie

case for the underlying relief sought); see also Singh v. INS, 295 F.3d 1037, 1039

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

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

We lack jurisdiction to review the BIA’s denial of Chairez’s motion to

reopen based on further evidence of hardship to Chairez’s son. See Fernandez v.

Gonzales, 439 F.3d 592, 599-603 (9th Cir. 2006) (explaining that

§ 1252(a)(2)(B)(i) bars jurisdiction when question presented in motion to reopen is

essentially the same hardship ground originally decided). We also lack jurisdiction

to review Chairez’s challenges to the agency’s initial denial of cancellation of

removal, because the petition for review is not timely as to that order. See Singh v.

INS, 315 F.3d 1186, 1188 (9th Cir. 2003). 
3 08-71065

Finally, because the agency did not err, Chairez’s due process contentions

fail. See Lata v. INS, 204 F.3d 1241, 1246 (9th Cir. 2000) (requiring agency error

for a petitioner to prevail on a due process claim). 

PETITION FOR REVIEW DENIED in part; DISMISSED in part.
**Exhibit 32.1**

 

CERTIFICATIONPURSUANT TO 18 U.S.C. SECTION 1350,

ASADOPTED PURSUANT TO

SECTION 906OF THE SARBANES-OXLEY ACT OF 2002

 

In connection with theQuarterly Report on Form 10-Q of BPZ Resources, Inc. (the “Company”)for the quarter ended June 30, 2010 as filed with the Securities andExchange Commission on the date hereof (the “Report”), I, Manuel PabloZúñiga-Pflücker, as Chief Executive Officer of the Company, certify, pursuantto and solely for the purpose of 18 U.S.C. Section 1350, as adopted pursuantto Section 906 of the Sarbanes-Oxley Act of 2002, to the best of myknowledge and belief, that:

 

(1)       The Report fully complieswith the requirements of Section 13(a) or 15(d) of theSecurities Exchange Act of 1934, as amended; and

 

(2)       The information contained inthe Report fairly presents, in all material respects, the financial conditionand results of operations of the Company.

 
| */s/ Manuel Pablo Zúñiga-Pflücker* |   |
|---------------------------------------------------|--------|
| Manuel Pablo  Zúñiga-Pflücker      |   |
| President and Chief  Executive Officer            |   |
| August 9, 2010                               |   |

 

----
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 State

          - [Public Notice 6376] 

# SUMMARY:

                        Notice is hereby given of the following determinations: Pursuant to the authority vested in me by the Act of October 19, 1965 (79 Stat. 985; 22 U.S.C. 2459), Executive Order 12047 of March 27, 1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112 Stat. 2681,                         *et seq.*; 22 U.S.C. 6501 note,                         *et seq.*), Delegation of Authority No. 234 of October 1, 1999, Delegation of Authority No. 236 of October 19, 1999, as amended, and Delegation of Authority No. 257 of April 15, 2003 [68 FR 19875], I hereby determine that the objects to be included in the exhibition “Worshiping Women: Ritual and Reality in Classical Athens,” imported from abroad for temporary exhibition within the United States, are of cultural significance. The objects are imported pursuant to loan agreements with the foreign owners or custodians. I also determine that the exhibition or display of the exhibit objects at the Onassis Cultural Center, New York, NY, from on or about December 10, 2008, until on or about May 9, 2009, and at possible additional exhibitions or venues yet to be determined, is in the national interest. Public Notice of these Determinations is ordered to be published in the                         **Federal Register**                        .                     

# FOR FURTHER INFORMATION CONTACT:

For further information, including a list of the exhibit objects, contact Carol B. Epstein, Attorney-Adviser, Office of the Legal Adviser, U.S. Department of State (telephone: 202-453-8048). The address is U.S. Department of State, SA-44, 301 4th Street, SW., Room 700, Washington, DC 20547-0001. 

Dated: September 15, 2008. 

C. Miller Crouch, 

Principal Deputy Assistant Secretary for Educational and Cultural Affairs, Department of State.

[FR Doc. E8-22712 Filed 9-25-08; 8:45 am] 

BILLING CODE 4710-05-P
1

UNITED STATES DISTRICT COURT

DISTRICT OF NEW HAMPSHIRE

United States of America

v. Criminal No. 07-cr-122-01-PB

Larry N. Laing

O R D E R

On March 14, 2012, defendant was brought before the court 

for his initial appearance and preliminary hearing under Fed. R. 

Crim. P. 32.1 on four alleged violations of conditions of 

supervision, as charged in the government's petition dated March 

13, 2012 (doc. no. 29). Defendant is on release from his

convictions in 2008 for distribution of cocaine base (“Crack”) 

in violation of 21 U.S.C. §§ 841(a)(1) and (b)(1)(C).

Defendant stipulated to probable cause on the violations. 

I therefore find probable cause that defendant has violated the 

conditions as charged in the petition. 

Defendant sought bail conditions under Rule 32.1(a)(6). The 

government sought detention. Under Rule 32.1(a)(6), defendant 

bears the burden of establishing by clear and convincing 

evidence that he will not flee and that he poses no danger to 

any other person or to the community. At the hearing, the court 
2

summarized its findings orally from the bench. Those oral 

findings are incorporated herein. Based on the evidence 

presented at the hearing, and for the reasons stated on the 

record, defendant failed to meet his burden of persuading the 

court that he poses no danger to any other person or to the 

community. 

In sum, the court finds that defendant did not meet his

burden to show by clear and convincing evidence that his

release, even on strict conditions, would pose no danger to any 

other person or the community. Accordingly, it is ORDERED that 

the defendant be detained pending a final revocation hearing. 

The defendant is committed to the custody of the Attorney 

General or his designated representative for confinement in a 

corrections facility separate, to the extent practicable, from 

persons awaiting or serving sentences or being held in custody 

pending appeal. The defendant shall be afforded a reasonable 

opportunity for private consultation with defense counsel. On 

order of a court of the United States or on request of an 

attorney for the government, the person in charge of the 

corrections facility shall deliver the defendant to the United 
3

States Marshal for the purpose of an appearance in connection 

with a court proceeding. 

SO ORDERED.

 

Landya B. McCafferty

United States Magistrate Judge

Date: March 16, 2012

 

cc: Andrew Winters, Esq.

Arnold H. Huftalen, Esq.

U.S. Marshal

U.S. Probation
Release dates | Full version (300 KB PDF)Actions by the Board | Actions   under delegated authority  Applications and reports:Boston |New York |Philadelphia |Cleveland |Richmond |AtlantaChicago |St. Louis |Minneapolis |Kansas City |Dallas |San FranciscoDistrict: 12Federal Reserve Bank of: San FranciscoFilings received during the week ending October 29, 2005FilerFiling TypeFiling ProposalEnd of Comment PeriodBANK OF THE FEDERATED STATES OF MICRONESIA                                                                              FBSEABank of the Federated States of Micronesia, Kolonia, Pohnpei, Federated States of Micronesia, to establish a limited service non-insured branch in Honolulu, Hawaii, pursuant to section 7(d)of the International Banking Act, and section 211.24(a)(1) of Regulation K.Newspaper: Not availableFederal Register: Not applicable
I

107TH CONGRESS

1ST SESSION H. R. 2015

To redesignate the Federal building located at 3348 South Kedzie Avenue,

in Chicago, Illinois, as the ‘‘Paul Simon Chicago Job Corps Center’’.

IN THE HOUSE OF REPRESENTATIVES

MAY 25, 2001

Mr. COSTELLO introduced the following bill; which was referred to the

Committee on Transportation and Infrastructure

A BILL

To redesignate the Federal building located at 3348 South

Kedzie Avenue, in Chicago, Illinois, as the ‘‘Paul Simon

Chicago Job Corps Center’’.

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

3 SECTION 1. DESIGNATION OF PAUL SIMON CHICAGO JOB

4 CORPS CENTER.

5 (a) IN GENERAL.—The Federal building located at

6 3348 South Kedzie Avenue, in Chicago, Illinois, and

7 known as the ‘‘Chicago Job Corps Center’’ shall be known

8 and designated as the ‘‘Paul Simon Chicago Job Corps

9 Center’’.
2

•HR 2015 IH

1 (b) REFERENCES.—Any reference in a law, map, reg2 ulation, document, paper, or other record of the United

3 States to the Federal building referred to in subsection

4 (a) shall be deemed to be a reference to the Paul Simon

5 Chicago Job Corps Center.

Æ
Instrument Name	Financial Accounts instrument name. See the instrument table descriptions in the Financial Accounts Guide (https://www.federalreserve.gov/apps/fof/FOFTables.aspx) for a description of each instrument.
Instrument Code	5-digit code associated with each Financial Accounts instrument.
Holder Name	Holding sector name. See the sector table descriptions in the Financial Accounts Guide (https://www.federalreserve.gov/apps/fof/FOFTables.aspx) for a description of each sector.
Holder Code	2-digit code associated with the holding sector. See the series structiure in the Financial Accounts Guide (https://www.federalreserve.gov/apps/fof/SeriesStructure.aspx) for the code associated with each sector.
Issuer Name	Issuing sector name. See the sector table descriptions in the Financial Accounts Guide (https://www.federalreserve.gov/apps/fof/FOFTables.aspx) for a description of each sector.
Issuer Code	2-digit code associated with the issuing sector. See the series structiure in the Financial Accounts Guide (https://www.federalreserve.gov/apps/fof/SeriesStructure.aspx) for the code associated with each sector.
Date	Date in YYYYQQ format
Level	Balance of the FWTW relationship for the given instrument between the holding and issuing sector at the given date.
I

107TH CONGRESS

1ST SESSION H. R. 2051

To provide for the establishment of regional plant genome and gene expression

research and development centers.

IN THE HOUSE OF REPRESENTATIVES

JUNE 5, 2001

Mr. SMITH of Michigan introduced the following bill; which was referred to

the Committee on Science

A BILL

To provide for the establishment of regional plant genome

and gene expression research and development centers.

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

3 SECTION 1. CENTERS.

4 The National Science Foundation is authorized to

5 make grants for the establishment of regional plant ge6 nome and gene expression research and development cen7 ters, the purpose of which shall be to—

8 (1) develop capabilities in basic plant genome

9 research;
2

•HR 2051 IH

1 (2) extend basic plant genomics research

2 through plant breeding programs and accelerate its

3 application to the development and testing of new

4 varieties of enhanced food crops and crops that can

5 be used as alternative energy sources;

6 (3) develop alternative uses of agricultural

7 crops; and

8 (4) serve as centers for scientific and safety in9 formation on plant genomics.

10 SEC. 2. GRANT AWARDS.

11 Grant awards under this Act shall be made through

12 an open, peer-reviewed competition. When making awards,

13 the National Science Foundation shall ensure that as

14 many different agronomic environments as possible are

15 represented.

16 SEC. 3. MATCHING FUNDS.

17 The National Science Foundation shall not provide

18 under this Act more than 50 percent of the cost of estab19 lishing any research and development center.

20 SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

21 There are authorized to be appropriated to the Na22 tional Science Foundation $3,000,000 for fiscal year 2002

23 and $4,500,000 for fiscal year 2003 to carry out this Act.

Æ
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


         Each of the undersigned hereby certifies, in his capacity as an officer
of Deli Solar (USA), Inc. (the "Company"), for the purposes of 18 U.S.C. Section
1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that
to the best of his knowledge:

(1) The Transition Report of the Company on Form 10-KSB for the fiscal year
ended December 31, 2004 and the six months ended June 30, 2005 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: September 13, 2005

/s/ Deli Du
--------------------------------
Deli Du
Chief Executive Officer

/s/Jianmin Li
---------------------
Jianmin Li
Chief Financial Officer

         A signed original of this written statement required by Section 906 has
been provided to Deli Solar (USA), Inc. and will be retained by Deli Solar
(USA), Inc. and furnished to the Securities and Exchange Commission or its staff
upon request.
IV 

110TH CONGRESS 

1ST SESSION H. RES. 89 

Expressing the sense of the House of Representatives that a day should 

be established as Dutch-American Friendship Day to celebrate the historic ties of the United States and the Netherlands. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 23, 2007 

Mr. HOEKSTRA (for himself and Mr. VAN HOLLEN) submitted the following 

resolution; which was referred to the Committee on Oversight and Government Reform 

RESOLUTION 

Expressing the sense of the House of Representatives that 

a day should be established as Dutch-American Friendship Day to celebrate the historic ties of the United 

States and the Netherlands. 

Whereas, 225 years ago, on the 19th of April, 1782 in the 

City of the Hague, the Ambassadorial credentials of John 

Adams were officially recognized by Prince William V of 

Orange and the States-General, thus establishing formal 

diplomatic ties between the new government of the 

United States and the Republic of the Netherlands. 

Whereas the historical ties between the Dutch and American 

people go back nearly 200 years earlier to the period 

when the Pilgrims resided for almost 11 years in the 

Netherlands before sailing to the new world; 


hmoore on PROD1PC68 with HMBILLS
2 

•HRES 89 IH 

Whereas the diplomatic ties between the governments of the 

United States and the Netherlands are the longest continuous ties between the United States and any country 

of the world; 

Whereas the Dutch contribution to the American melting pot 

has played such a significant role in the life of America 

as exemplified by Presidents Martin Van Buren, Theodore Roosevelt, and Franklin Delano Roosevelt; 

Whereas the bonds of friendship linking the Dutch and 

American people continue to grow in strength and affection; and 

Whereas the heritage of this friendship between peoples 

serves as a laudable example for the kinds of relations 

that should link all the peoples of the earth and should 

be properly extolled: Now, therefore, be it 

1 Resolved, That it is the sense of the House of Rep2 resentatives that a day should be established as Dutch3 American Friendship Day to celebrate the historic ties of 

4 the United States and the Netherlands. 

Æ 


hmoore on PROD1PC68 with HMBILLS
UNITED STATES DISTRICT COURT FOR THE

DISTRICT OF NEW HAMPSHIRE

Gerard Joseph Bean

v. Civil No. 07-cv-328-SM

Northern NH Correctional

Facility, Warden

ORDER GRANTING REQUEST TO

PROCEED IN FORMA PAUPERIS

Plaintiff’s request to proceed in forma pauperis is hereby

granted, but only for the purpose of waiving the filing fee. 

SO ORDERED.

_________________________________

James R. Muirhead

United States Magistrate Judge 

Date: October 30, 2007

cc: Gerard Joseph Bean, pro se

Case 1:07-cv-00328-JL Document 4 Filed 10/30/07 Page 1 of 1
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Honorable Marcia S. Krieger

Civil Action No. 11-cv-02281-MSK-BNB

MOUNT VERNON FIRE INSURANCE COMPANY, a Pennsylvania corporation,

Plaintiff,

v.

LISA LYLE, a Colorado resident;

SCOTT LYLE, a Colorado resident; and

MCCARTHY HOMES, INC., a Colorado corporation,

Defendants.

ORDER REGARDING CUSTODY OF EXHIBITS AND DEPOSITIONS USED IN

EVIDENTIARY HEARINGS AND TRIALS

IT IS ORDERED that, as to any exhibits and depositions used during evidentiary

hearings or trials, counsel for the parties shall retrieve the originals of such exhibits and

depositions from the Court following the evidentiary hearing or trial, and shall retain same for 60

days beyond the later of the time to appeal or conclusion of any appellate proceedings. The

Court will retain its copy of the exhibits for the same time period after which the documents will

be destroyed.
DATED this 22nd day of September, 2011.

BY THE COURT:

Marcia S. Krieger

United States District Judge
```

[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1986 Introduced in House (IH)]

107th CONGRESS
  1st Session
                                H. R. 1986

 To amend the Internal Revenue Code of 1986 to allow the proceeds from 
           bonds to be used for prepayments for natural gas.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 24, 2001

Mr. Collins (for himself, Mr. Lewis of Georgia, Mr. McCrery, Mr. Shaw, 
Mr. John, Mr. Spratt, Mr. Lucas of Kentucky, Mrs. Thurman, Mr. Lewis of 
    Kentucky, Mr. Foley, Mr. Cooksey, Ms. McKinney, Mr. Tanner, Mr. 
  Whitfield, Mr. Isakson, Mr. Aderholt, Mr. Bryant, Mr. Kingston, Mr. 
    Chambliss, Mr. Linder, and Mr. Deal of Georgia) introduced the 
 following bill; which was referred to the Committee on Ways and Means

_______________________________________________________________________

                                 A BILL

 
 To amend the Internal Revenue Code of 1986 to allow the proceeds from 
           bonds to be used for prepayments for natural gas.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Municipal Utility Natural Gas Supply 
Act Of 2001''.

SEC. 2. ARBITRAGE RULES NOT TO APPLY TO PREPAYMENTS FOR NATURAL GAS.

    (a) In General.--Subsection (b) of section 148 of the Internal 
Revenue Code of 1986 (defining higher yielding investments) is amended 
by adding at the end the following new paragraph:
            ``(4) Exception for certain prepayments to ensure natural 
        gas supply.--The term `investment property' shall not include 
        any prepayment for the purpose of obtaining a supply of a 
        natural gas reasonably expected to be used in a business of one 
        or more utilities each of which is owned and operated by a 
        State or local government, any political subdivision or 
        instrumentality thereof, or any governmental unit acting for or 
        on behalf of such a utility.''.
    (b) Private Loan Financing Test Not To Apply to Prepayments for 
Natural Gas.--Paragraph (2) of section 141(c) of such Code (providing 
exceptions to the private loan financing test) is amended by striking 
``or'' at the end of subparagraph (A), by striking the period at the 
end of subparagraph (B) and inserting ``, or'', and by adding at the 
end the following new subparagraph:
                    ``(C) arises from a transaction described in 
                section 148(b)(4).''.
    (c) Effective Date.--The amendments made by this section shall take 
effect as if included in the amendments made by section 1301 of the Tax 
Reform Act of 1986.
                                 <all>
```
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**December 2008**

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