alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
N O T FO R PUB L ICAT IO N UNITED STATES C OUR T OF APPEALS FOR THE NINTH C IR C UIT AR NULFO VAR G AS-C OR TES, Pe t i tione r,
v. M ERR IC K B
. GARLAND, Attorne y Ge ne ra l, R e sponde nt. No. 21-70322 Age n c y No. A077-490-813
M EM O R ANDUM *

On Pe tition for Re vie w of a n Orde r of the Im m igration Judge Subm itte d M arc h 11, 2022 ** Portla nd, Ore gon B e fore : GR

AB E R , B EA, a

nd M . SM ITH, C irc uit Judge s. Pe titione r Arnulfo Va

rga s-C orte s, a

nat ive and c itiz e n

of M e xic o, se e ks
re vie w of a

n im m igration judge ’ s (“ IJ” ) de te rm ination tha t Pe t itione r fa ile d to
e sta blish a re a sona

ble possibility

of pe rse c ution or torture

if he is re m ove d to 

# FIL ED

MAR 15 2022 M OLLY C. DW Y E R, CLERK U. S. CO URT O F APPEALS

* This disposition is not a ppropria te for public at ion a

nd is not pre c e de nt e xc e pt a s provide d

by Ninth C irc uit R

ule 36-3.

* * The pa

ne l una nim ously c onc lude s this c a se is suita ble for de c ision without oral a

rgum e nt. Se e Fe d. R . App. P. 34(a)(2).M e x ic o. R e vie wing theIJ’ s de c ision for substa ntia l e vide nc e , Andra de -Garc ia v. Ly nc h, 828 F.3d 829, 833 (9th C ir. 2016), we de ny the pe tition. 1. Substa ntia l e v ide nc e supports the de te rm inat ion tha

t Pe titione r did not
e sta blish a re a sona

ble fe a r of pe rse c ution or torture in M e xic o The IJ prope rly
a ddre s se d both pa

rtic u la riz e d soc ia l groups propose d by Pe titione r. Se e R e y e s v. Ly nc h, 842 F.3d 1125, 1137 (9th C ir. 2016) (c onc luding tha t the B oa rd of Im m i gration Appe a l s ’ c onstruc tion of thephra se “ p a rtic u la r soc ia l group” is pe rm issibleand e ntitle d to de fe re nc e ). Although Pe titione r c onte nds tha t R e y e s wa s wrongly

de c ide d, it is binding pre c e de nt for this c ourt. The IJ a lso pe rm issibly de te rm i ne d tha

t Pe titione r fa ile d to de m onstra te a ne xus be twe e n a

ny risk of ha

rm and Pe titione r’ s m e m

be rship in e ithe r of those a l le ge d pa rtic ula r soc i a l groups. Se e Ze tino v. Holder, 622 F.3d 1007, 1016 (9th C ir. 2010) (holding tha t a n a pplic ant’ s de sire to be fre e from random c rim i na l a c tivity

be a rs “ no ne xus” to a prote c te d ground). 2. Substa ntia l e v ide nc e a lso supports the de te rm ination tha t Pe titione r fa ile d to show tha

t the M e xic an gove rnm e nt would a c quie sc e or be willfully blind to a

ny pote ntia l torture . Pe titione r’ s e vide nc e tha t frie nds ha

ve told him

tha t the polic e work with c arte l s a

n d tha t the polic e are ine ffe c tive at inve s tiga ting c rim e s doe s not c om pe l a c o n trary finding. Se e Andra de -Garc ia , 828 F.3d a t 836 (“ [A] ge ne ra l 2ine ffe c tive ne s s on thegove rnm e nt’ s pa rt to inve s tiga

te and pre ve nt c rim e will not suffic e to show a c quie sc e nc e .” ) PE T IT IO N DE NIE D.

3
[Federal Register Volume 75, Number 184 (Thursday, September 23, 2010)]
[Notices]
[Page 58019]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-23814]


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

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. EP 290 (Sub-No. 5) (2010-4)]


Quarterly Rail Cost Adjustment Factor

AGENCY: Surface Transportation Board, DOT.

ACTION: Approval of rail cost adjustment factor.

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

SUMMARY: The Board has approved the fourth quarter 2010 Rail Cost 
Adjustment Factor (RCAF) and cost index filed by the Association of 
American Railroads. The fourth quarter 2010 RCAF (Unadjusted) is 1.104. 
The fourth quarter 2010 RCAF (Adjusted) is 0.494. The fourth quarter 
2010 RCAF-5 is 0.468.

DATES: Effective Date: October 1, 2010.

FOR FURTHER INFORMATION CONTACT: Pedro Ramirez, (202) 245-0333. Federal 
Information Relay Service (FIRS) for the hearing impaired: (800) 877-
8339.

SUPPLEMENTARY INFORMATION: Additional information is contained in the 
Board's decision, which is available on our Web site, http://www.stb.dot.gov. Copies of the decision may be purchased by contacting 
the office of Public Assistance, Governmental Affairs, and Compliance 
at (202) 245-0235. Assistance for the hearing impaired is available 
through FIRS at (800) 877-8339.
    This action will not significantly affect either the quality of the 
human environment or energy conservation.

    Decided: September 20, 2010.

    By the Board, Chairman Elliot, Vice Chairman Mulvey, and 
Commissioner Nottingham.
Kulunie L. Cannon,
Clearance Clerk.
[FR Doc. 2010-23814 Filed 9-22-10; 8:45 am]
BILLING CODE 4915-01-P
```

[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1100 Engrossed in House (EH)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
110th CONGRESS
  1st Session
                                H. R. 1100

_______________________________________________________________________

                                 AN ACT

 
To revise the boundary of the Carl Sandburg Home National Historic Site 
        in the State of North Carolina, and for other purposes.

    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 ``Carl Sandburg Home National Historic 
Site Boundary Revision Act of 2007''.

SEC. 2. DEFINITIONS.

    For the purposes of this Act:
            (1) Map.--The term ``map'' means the map entitled 
        ``Sandburg Center Alternative'' numbered 445/80,017 and dated 
        April 2007.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (3) Historic site.--The term ``Historic Site'' means Carl 
        Sandburg Home National Historic Site.

SEC. 3. CARL SANDBURG HOME NATIONAL HISTORIC SITE BOUNDARY ADJUSTMENT.

    (a) Acquisition Authority.--The Secretary may acquire from willing 
sellers by donation, purchase with donated or appropriated funds, or 
exchange not more than 110 acres of land, water, or interests in land 
and water, within the area depicted on the map, to be added to the 
Historic Site.
    (b) Visitor Center.--To preserve the historic character and 
landscape of the site, the Secretary may also acquire up to five acres 
for the development of a visitor center and visitor parking area 
adjacent to or in the general vicinity of the Historic Site.
    (c) Boundary Revision.--Upon acquisition of any land or interest in 
land under this section, the Secretary shall revise the boundary of the 
Historic Site to reflect the acquisition.
    (d) Availability of Map.--The map shall be on file and available 
for public inspection in the appropriate offices of the National Park 
Service.
    (e) Administration.--Land added to the Historic Site by this 
section shall be administered as part of the Historic Site in 
accordance with applicable laws and regulations.

            Passed the House of Representatives May 23, 2007.

            Attest:

                                                                 Clerk.
110th CONGRESS

  1st Session

                               H. R. 1100

_______________________________________________________________________

                                 AN ACT

To revise the boundary of the Carl Sandburg Home National Historic Site 
        in the State of North Carolina, and for other purposes.
```
#### The Ohio Wool Growing Co. v. W. W. Bogel.

(No. 4039.)

Appeal from Presidio County.

*CTransferred from Austin. J*

A. V. D. Old, counsel for appellant.

No counsel appeared for appellee.

Opinion by

Hurt, J.

§ 273. *Trespass upon land by grazing stock thereon; right of action for damages therefor; ease stated.*Appellant brought this suit to recover of appellee damages for entering upon its land with five thousand head of sheep, and herding said sheep upon said land, thereby destroying the grass and herbage thereon growing. Verdict and judgment for appellee. *Held:*The land was uninclosed, and this fact appears to have been regarded as very material on the trial. Counsel for appellant requested the court to charge the jury that, to entitle the plaintiff to recover for a trespass upon his real estate, it was *332not necessary that such real estate should he inclosed. The court refused to so charge. Under the facts of this case the charge requested was a proper one and should have been given. It was alleged and proved that appellee entered upon appellant’s land with the sheep, and herded and pastured said sheep upon said land for several days. The sheep were not loose and straying upon said land, but were driven and herded upon it by appellee against the written protest of appellant. Such being the case, appellee is unquestionably liable for the damage directly caused, and naturally and proximately resulting from appellee’s wrongful acts. [6 Wait’s Ac. & Def. 66, 67.]

March 3, 1887.

Reversed and remanded.
**EXHIBIT 32.2**

 

**Certification Pursuant to 18 U.S.C. Section 1350**

**As Adopted Pursuant to Section 906of the Sarbanes-Oxley Act of 2002**

 

Inconnection with the Annual Report of Jacobs Entertainment, Inc. (the “Company”)on Form 10-K for the year ended December 31, 2007, as filed with theSecurities and Exchange Commission on the date hereof (the “Annual Report”), I,Brett A. Kramer, Chief Financial Officer of the Company, certify, pursuant to18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-OxleyAct of 2002, that:

 

1.                                       the Annual Report fully complies with therequirements of Section 13(a) of the Securities Exchange Act of 1934,as amended; and

 

2.                                      the information contained in the AnnualReport fairly presents, in all material respects, the financial condition andresults of operations of the Company.

 

 
|   | /s/ Brett A. Kramer |
|--------|---------------------|
|   | Name:               | Brett A. Kramer |
|   | Title:              | Chief Financial Officer |
|   | Date:               | March 25, 2008 |

 

----
News United States Air Force
 JASDF Chief of Staff visits Columbus AFBPublished Dec. 5, 2014
                        
                        By Senior Airman Stephanie Englar
                        
                        
                        14th Flying Training Wing Public Affairs
                **COLUMBUS AIR FORCE BASE, Miss. (AFNS) --**
                The Japan Air Self-Defense Force chief of staff toured Columbus Air Force Base Dec. 1-2 to check in on the pilot training program and boost morale.
Gen. Harukazu Saitoh expressed his gratitude to Columbus AFB and the U.S. Air Force for welcoming the JASDF pilot students into the Specialized Undergraduate Pilot Training (SUPT) course.
"Two hundred and fifteen JASDF pilots have completed their training (with) the U.S. Air Force so far," Saitoh said. "Some of them were promoted to major generals this year, and are now wing commanders. Others are playing active parts in various fields as commanders or staff members of command headquarters, who constitute the core of the U.S.-Japan bilateral operations. Thus, I believe that our training (of) pilots in the U.S. is very important for the JASDF."
During his visit, Saitoh met with the 10 JASDF students currently in training and said he is sure the students will play an active part in their units when they return to Japan.
"(Columbus AFB) is one of the best places for flight training," he said. "The extensive training range rather close to Columbus AFB enables the U.S. Air Force to train pilots quite effectively, and its three runways allow them to respond to unexpected situations flexibly."
Saitoh said the U.S.-Japan security arrangements are a cornerstone of Japan's security.
"Japan is now working on building up and enhancing its cooperative relationship with the U.S. in a wide range of domains, including education and personnel exchanges," Saitoh said. "The JASDF members who completed pilot training in the U.S. have a good understanding of the U.S. Air Force operations as well as flight techniques. They can plan and coordinate various programs based on their knowledge of operations both in the U.S. and Japan. As a result, they contribute to efficiently improving the U.S.-Japan interoperability."
Saitoh said he was very happy to have the opportunity to take a firsthand look at the training the pilots were going through.
"I would like to express my sincere gratitude to ... the men and women of Columbus AFB for giving us such a warm welcome and (for) the great support in making this visit happen," he said.
The JASDF's pilot training with the Air Force began in 1991. At first, the students only took the UPT course but later on took both the SUPT course as well as the Introduction to Fighter Fundamentals course.Columbus Air Force Base 



Gen. Harukazu Saitoh 



JASDF 



pilots 



Japan Air Self-Defense Force Chief of Staff
583 A.2d 304

#### AMERICAN RELIANCE INSURANCE COMPANY v. R. BRUCE HILL AGENCY, LTD.

January 17, 1990.

Petition for certification denied.
#### Monica C. ORELLANA, Appellant, v. Alfonso ORELLANA, Appellee.

No. 4D09-4985.

District Court of Appeal of Florida, Fourth District.

Sept. 28, 2011.

Dahlia A. Williams Ramsaran of Law Offices of Dahlia A. Williams Paul, Pembroke Pines, for appellant.

No brief filed for appellee.

PER CURIAM.

*Affirmed. See Applegate v. Barnett Bank of Tallahassee,*377 So.2d 1150 (Fla. 1979).

WARNER, DAMOORGIAN and GERBER, JJ., concur.
```

[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1235 Introduced in House (IH)]

110th CONGRESS
  1st Session
                                H. R. 1235

 To amend section 9 of the United States Housing Act of 1937 to ensure 
     that operating and capital assistance is provided for certain 
           previously assisted public housing dwelling units.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           February 28, 2007

 Ms. Velazquez (for herself, Mr. Crowley, Mr. Engel, Mr. Serrano, Mr. 
 Weiner, Mr. Nadler, Mrs. Maloney of New York, Mr. Meeks of New York, 
 and Mr. Rangel) introduced the following bill; which was referred to 
                  the Committee on Financial Services

_______________________________________________________________________

                                 A BILL

 
 To amend section 9 of the United States Housing Act of 1937 to ensure 
     that operating and capital assistance is provided for certain 
           previously assisted public housing dwelling units.

    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 ``Public Housing Equal Treatment Act 
of 2007''.

SEC. 2. TREATMENT OF CERTAIN PREVIOUSLY ASSISTED PUBLIC HOUSING.

    (a) In General.--Section 9 of the United States Housing Act of 1937 
(42 U.S.C. 1437g) is amended by adding at the end the following new 
subsection:
    ``(o) Ensuring Correct Assistance.--
            ``(1) In general.--Notwithstanding any other provision of 
        law, in determining the allocations for each public housing 
        agency from the Operating and Capital Funds pursuant to this 
        section, the Secretary shall include as dwelling units eligible 
        for such assistance all public housing dwelling units that--
                    ``(A) are owned by the public housing agency at the 
                time of such determination; and
                    ``(B) before the date of the enactment of the 
                Public Housing Equal Treatment Act of 2007 have 
                received development, operating, capital, or 
                modernization assistance pursuant to the terms of any 
                agreement with Department of Housing and Urban 
                Development authorizing the agency to expend such funds 
                on behalf of such units.''.
    (b) Applicability.--The amendment made by subsection (a) shall 
apply with respect to assistance under section 9 of the United States 
Housing Act of 1937 for fiscal year 2008 and each fiscal year 
thereafter.
                                 <all>
```
##### 



SUBSIDIARIES OF IONA TECHNOLOGIES PLC
 Subsidiary
    
    Country of IncorporationIONA Technologies, Inc.
    
    U.S.IONA Technologies Pty. Limited
    
    AustraliaIONA Technologies Finance
    
    Cayman IslandsIONA Technologies China Limited
    
    ChinaIONA Technologies GmbH
    
    GermanyIONA Technologies UK Limited
    
    UKIONA Technologies Sarl
    
    FranceIONA Technologies Singapore
    
    SingaporeIONA Technologies Japan
    
    JapanIONA Technologies Italia Srl
    
    ItalyIONA Technologies (Suisse) SA
    
    SwitzerlandIONA Technologies (Belgium) SA
    
    BelgiumIONA Technologies Netherlands BV
    
    The NetherlandsIONA Technologies Spain, S.L
    
    SpainIONA Technologies Korea Limited
    
    KoreaIONA Research (Ireland) Limited
    
    IrelandGenesis Development Corporation
    
    U.S.Object-Oriented Concepts, Inc.
    
    U.S.Object-Oriented Concepts, Inc.
    
    CanadaObject-Oriented Concepts Gmbh
    
    GermanyNetfish Technologies, Inc.
    
    U.S.IONA Government Technologies, Inc.
    
    U.S.Orbix Limited
    
    Ireland
579 A.2d 308

#### IN THE MATTER OF ALAN H. MARLOWE, AN ATTORNEY AT LAW.

September 18, 1990.

ORDER

The Disciplinary Review Board having filed a report recommending that ALAN H. MARLOWE of FORT LEE, who was admitted to the Bar of this State in 1971, should be suspended *237from the practice of law for three months for his lack of due diligence, in violation of *RPC*1.3; his gross neglect, in violation of *RPC*1.1(a); his pattern of neglect, in violation of *RPC*1.1(b); his failure to communicate adequately with clients, in violation of *RPC*1.4; and his misrepresentation to a client, in violation of *RPC*8.4(c);

And the Office of Attorney Ethics having sought respondent’s suspension for his failure to produce his financial records;

And good cause appearing;

It is ORDERED that ALAN H. MARLOWE be suspended from the practice of law for three months and until the further Order of the Court, effective immediately; and it is further

ORDERED that the report and recommendation of the Disciplinary Review Board are adopted and ALAN H. MARLOWE is hereby suspended from the practice of law for three months and until the further Order of the Court, effective immediately; and it is further

ORDERED that the Decision and Recommendation of the Disciplinary Review Board, together with this order and the full record of the matter, be added as a permanent part of the file of said ALAN H. MARLOWE as an attorney at law of the State of New Jersey; and it is further

ORDERED that the suspension shall continue until such time as respondent demonstrates full compliance with the requirements of *Rule*1:21-6 and *RPC*1.15; and it is further

ORDERED that respondent pay a $500 sanction to the Disciplinary Review Board; and it is further

ORDERED that respondent be restrained and enjoined from practicing law during the period of his suspension; and it is further

ORDERED that respondent comply with Administrative Guideline No. 23 of the Office of Attorney Ethics dealing with suspended attorneys; and it is further

*238Ordered that respondent reimburse the Ethics Financial Committee for appropriate administrative costs incurred.
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

BLANCA MARISOL PINEDA-GARCIA,

 Petitioner,

 v.

ERIC H. HOLDER, Jr., Attorney General,

 Respondent.

No. 09-73663

Agency No. A098-358-538

MEMORANDUM*

On Petition for Review of an Order of the

Board of Immigration Appeals

Submitted July 17, 2012** 

Before: SCHROEDER, THOMAS, and SILVERMAN, Circuit Judges.

Blanca Marisol Pineda-Garcia, a native and citizen of El Salvador, petitions

for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her

appeal from an immigration judge’s decision denying her application for asylum,

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

FILED

JUL 24 2012

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 09-73663

We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence

the agency’s factual findings, applying the new standards governing adverse

credibility determinations created by the Real ID Act. Shrestha v. Holder, 590

F.3d 1034, 1039 (9th Cir. 2010). We deny the petition for review.

The BIA concluded Pineda-Garcia was not credible for a number of reasons,

including her lack of knowledge of the content of the flyers she distributed and the

omission in her asylum application of one of three claimed incidents of harm. 

Substantial evidence supports the BIA’s finding. See id. at 1048 (adverse

credibility finding reasonable under totality of the circumstances). Accordingly,

we deny the petition as to Pineda-Garcia’s asylum and withholding of removal

claims. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir. 2003).

Because Pineda-Garcia’s CAT claim is based on the same testimony the BIA

found not credible, and she does not point to any other evidence showing it is more

likely than not she will be tortured if returned to El Salvador, her CAT claim also

fails. See id. at 1156-57.

PETITION FOR REVIEW DENIED.
#### Joseph Mathews v. West. Un. Tel. Co.

(No. 2854.)

Appeal from Grayson County.

*(Transferred from Austin.J*

J. K. Jamison, J. D. Wood and O. H. Smith, counsel for appellant.

Stemmons & Field, counsel for appellee.

Opinion by

Will-son, J.

§ 378. *Actual damages; injury to feelings, etc., constitute; case stated.*Appellant alleged in his petition that his wife was at Whitesboro, and that he was at Bells, a distance of thirty-three miles; that his wife, being sick, caused the following telegram, directed to him at Bells, to be delivered to appellee at Whitesboro to be transmitted to him at Bells, without delay, to wit: “Come, quick, on first train; your wife is very sick.” That appellee failed to deliver said telegram, although he was at Bells and was well known there, and could easily have been found; that, by reason of said negligence on the part of appellee, appellant’s wife was deprived of his presence and much needed attention and assistance, and by reason of such deprivation suffered physical pain and mental anguish, was outraged in her feelings and her health ruined; and- for these injuries he claimed and prayed judgment for $1,000 damages. Appellee excepted to the petition upon the ground that the damages alleged and claimed were not *actual,*but *exemplary,*and that no facts were alleged that would warrant a recovery for exemplary damages. This exception was sustained and *453the suit was dismissed. *Held*error. In Stuart v. West. Un. Tel. Co. 66 Tex. 580, it is held that damages such as are claimed in this suit are *actual,*and the doctrine of that case has been re-affirmed in the subsequent case of West. Un. Tel. v. Cooper. [Sup. Court, Tyler Term, 1888.]

November 17, 1888.

Reversed and remanded.