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NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

EDDIE RUDY RAMIREZ, 

Petitioner, 

 v. 

JEFFERSON B. SESSIONS III, Attorney 

General, 

Respondent.

No. 15-70648 

Agency No. A206-409-636 

MEMORANDUM*

On Petition for Review of an Order of the

Board of Immigration Appeals

Submitted September 26, 2017**

Before: SILVERMAN, TALLMAN and N.R. SMITH, Circuit Judges.

Eddie Rudy Ramirez, a native and citizen of Guatemala, petitions for review 

of the Board of Immigration Appeals’ order dismissing his appeal from an 

immigration judge’s decision denying his applications for relief and ordering 

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

 

* 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).

FILED

OCT 3 2017

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 15-70648

questions of law, and we review for substantial evidence the agency’s factual 

findings. See Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir. 2005); 

Quijada-Aguilar v. Lynch, 799 F.3d 1303, 1305 (9th Cir. 2015). We deny in part 

and dismiss in part the petition for review.

Ramirez has not challenged the BIA’s denial of asylum as untimely filed. 

See Corro-Barragan v. Holder, 718 F.3d 1174, 1177 n.5 (9th Cir. 2013) (failure to 

contest issue in opening brief resulted in waiver).

Substantial evidence supports the agency’s denial of relief under the 

Convention Against Torture, where Ramirez failed to show it was more likely than 

not that a government official in Guatemala would torture him or consent or 

acquiesce to his torture. See 8 C.F.R. § 1208.18(a)(1), Zheng v. Holder, 644 F.3d 

829, 835 (9th Cir. 2011).

The agency did not err in determining Ramirez’s conviction for possession 

of cocaine under Cal. Health and Safety Code § 11350(a) renders him inadmissible 

under 8 U.S.C. § 1182(a)(2)(A)(i)(II). He is therefore statutorily ineligible for 

cancellation of removal under 8 U.S.C. § 1229b(b)(1)(C). Because his conviction 

involved cocaine, he is not eligible for a waiver of inadmissibility under 8 U.S.C. 

§ 1182(h) (waiving inadmissibility for “a single offense of simple possession of 30 

grams or less of marijuana”). Accordingly, he is also ineligible to adjust status 

under 8 U.S.C. § 1255(a)(2), because he is inadmissible.
3 15-70648

We lack jurisdiction to consider Ramirez’s unexhausted contentions 

regarding post-conviction relief. See Tijani v. Holder, 628 F.3d 1071, 1080 (9th 

Cir. 2010) (the court lacks jurisdiction to consider legal claims not presented in an 

alien’s administrative proceedings before the agency).

PETITION FOR REVIEW DENIED in part; DISMISSED in part.
#### STATE OF NEW JERSEY v. ALLEN JAY FIORE.

December 16, 1986.

Petition for certification denied.
Exhibit 35.1



AMERICAN HONDA FINANCE CORPORATION

ANNUAL COMPLIANCE CERTIFICATE

PURSUANT TO SECTION 3.11(a) OF THE

SALE AND SERVICING AGREEMENT AND

ITEM 1123 OF REGULATION AB



I, Paul C. Honda, do hereby
certify that I am the Vice President and Assistant Secretary of American Honda Finance Corporation, a California corporation (the
“Company”), and further certify on behalf of the Company in its capacity as servicer (the “Servicer” and
“Sponsor”) under the Sale and Servicing Agreement (the “Agreement”) dated as of August 20, 2014 among the
Servicer and Sponsor, American Honda Receivables LLC, as Seller, and Honda Auto Receivables 2014-3 Owner Trust, as follows:



| | (i) | A review of the activities of the Servicer during the reporting period ended March 31, 2017, and of its performance under the
Agreement has been made under my supervision.
| | --- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------



| | (ii) | To the best of my knowledge, based on such review, the Servicer has fulfilled all of its obligations
under the Agreement throughout such period in all material respects.
| | ---- | -------------------------------------------------------------------------------------------------------------------------------------------------------------------------



IN WITNESS WHEREOF, I have hereunto set my hand
this 22nd day of May, 2017.



| | /s/ Paul C. Honda                                   
| | ----------------------------------------------------
| | Paul C. Honda                                       
| | Vice President and Assistant Secretary              
| | (senior officer in charge of the servicing function)
**EXHIBIT 32.2**

 

**CERTIFICATION OF CHIEF FINANCIAL OFFICER**

 

Pursuantto the requirements set forth in Rule 13a-14(b) of the Securities Exchange Actof 1934, as amended (the “Exchange Act”), and Section 1350 of Chapter 63 ofTitle 18 of the United States Code (18 U.S.C. §1350), the undersigned, GordonLink, Senior Vice President and Chief Financial Officer of TapestryPharmaceuticals, Inc. (the “Company”) does hereby certify, to hisknowledge, that:

 

(a)                                  the Quarterly Report onForm 10-Q for the quarterly period ended September 28, 2005 of the Companyto which this certification is attached (the “Report”) fully complies with therequirements of Section 13(a) or 15(d) of the Exchange Act, and

 

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

 

Date:November 2, 2005

 
|       | /s/ GORDON LINK                                       |       |
|------------|-------------------------------------------------------|------------|
| ** ** | **Gordon Link**                                       | ** ** |
| ** ** | **Senior Vice President and Chief Financial Officer** | ** ** |

 

A signed original of this written statementrequired by Section 906 has been provided to TapestryPharmaceuticals, Inc. and will be retained by TapestryPharmaceuticals, Inc. and furnished to the Securities and ExchangeCommission (SEC) or its staff upon request. This certification “accompanies” the Form 10-Q to which it relates, isnot deemed filed with the SEC and is not to be incorporated by reference intoany filing of the Company under the Securities Act of 1933, as amended, or theSecurities Exchange Act of 1934, as amended (whether made before or after the dateof the Form 10-Q), irrespective of any general incorporation language containedin such filing.

 

----
EXHIBIT
32.1








Section 1350 Certification
of Chief Executive Officer




In connection with the quarterly report of Nano-Proprietary, Inc. (the
“Company”) on Form 10-Q for the quarter ended March 31, 2008, as filed with the
Securities and Exchange Commission on the date hereof (the “Report”), I, Thomas
F. Bijou, the Chief Executive 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 conditions and results of
operations of the Company as of the dates and for the periods expressed in the
report.








Date:      
      April 29, 2008
            /s/ Thomas F.
      Bijou
              Thomas
      F. Bijou
              Chief
      Executive Officer
Exhibit 32.2

SECTION 906 CERTIFICATION - CFO

In connection with the Quarterly Report of Plains Exploration & Production
Company (the Company) on Form 10-Q for the period ending June 30, 2006 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Winston M. Talbert, 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:

To the best of
my knowledge, after reasonable investigation:



| | (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 result of operations of the Company.
| | --- | ---------------------------------------------------------------------------------------------------------------------------------------------------

Dated: August 4, 2006.



/s/ Winston M. TalbertWinston M. TalbertChief Financial Officer


The foregoing certification is being furnished solely pursuant to Section 906 of the Sarbanes-Oxley Act
of 2002 and is not being filed as part of the Report or as a separate disclosure document.

A signed original of this written statement required by
Section 906, or other document authenticating, 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 the Company
and will be retained by the Company and furnished to the Securities and Exchange Commission or its staff upon request.
#### MAYOR AND BOROUGH COUNCIL OF THE BOROUGH OF WESTVILLE, ETC. v. BOARD OF CHOSEN FREEHOLDERS OF THE COUNTY OF GLOUCESTER, ET AL.

December 16, 1986.

Petition for certification denied.
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Elisabeth A. Shumaker 

Clerk of Court 

UNITED STATES COURT OF APPEALS 

FOR THE TENTH CIRCUIT 

OFFICE OF THE CLERK 

Byron White United States Courthouse 

1823 Stout Street 

Denver, Colorado 80257 

(303) 844-3157

January 22, 2010 

Douglas E. Cressler

Chief Deputy Clerk 

Mr. Garry R. Appel 

Mr. James P. Eckels 

Appel & Lucas, P.C. 

1917 Market Street 

Suite A 

Denver, CO 80202-0000 

Mr. Douglas W. Jessop 

Jessop & Company 

1912 Hillcrest Rd 

Los Angeles, CA 90068 

Mr. Lee M. Kutner 

Kutner Miller Brinen 

303 East 17th Avenue, Suite 500 

Denver, CO 80203 

RE: 09-1171, Bailey, et al v. Connolly 

Dist/Ag docket: 1:08-CV-00505-WYD 

Dear Counsel: 

Enclosed is a copy of the order and judgment. 

Please contact this office if you have questions. 

 Sincerely, 

Elisabeth A. Shumaker 

Clerk of the Court 

EAS/sls 

Appellate Case: 09-1171 Document: 01018353859 Date Filed: 01/22/2010 Page: 1
#### STATE OF NEW JERSEY v. AURELIO SOLER.

December 16, 1986.

Petition for certification denied.
Exhibit 32.1

Certification of Chief Executive Officer and Chief Financial Officer

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 Annual Report of Xenia Hotels & Resorts, Inc. (XHR) on Form 10-K for the period ending December 31, 2014 as
filed with the Securities and Exchange Commission on the date hereof (the Report), the undersigned officers of XHR certify, pursuant to 18 U.S.C. section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,
that to such officers knowledge:



| | (1) | The Report fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; and
| | --- | ---------------------------------------------------------------------------------------------------------------------------------



| | (2) | The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of XHR.
| | --- | --------------------------------------------------------------------------------------------------------------------------------------------

Date: March 27, 2015



/s/ MARCEL VERBAASMarcel VerbaasPresident
and Chief Executive Officer
(Principal Executive Officer)




/s/ ANDREW J. WELCHAndrew J. WelchExecutive Vice President, Chief Financial Officer and Treasurer
(Principal Financial Officer)


A signed original of this written statement required by Section 906 has been provided to XHR and will be retained
by XHR and furnished to the Securities and Exchange Commission or its staff upon request.

The foregoing certification is being furnished solely pursuant
to 18 U.S.C. Section 1350 and is not being filed as a part of the Report or on a separate disclosure document.
**EXHIBIT 32****CERTIFICATIONS**     On August 11, 2006, Questcor Pharmaceuticals, Inc. filed its Quarterly Report on Form 10-Q forthe quarter ended June 30, 2006 (the “Form 10-Q”) with the Securities and Exchange Commission.Pursuant to 18 U.S.C. § 1350, as created by Section 906 of the Sarbanes-Oxley Act of 2002, thefollowing certifications are being made to accompany the Form 10-Q:**Certification of Chief Executive Officer**     Pursuant to 18 U.S.C. § 1350, as created by Section 906 of the Sarbanes-Oxley Act of 2002, theundersigned officer of Questcor Pharmaceuticals, Inc. (the “Company”) hereby certifies, to suchofficer’s knowledge, that:(i) the Quarterly Report on Form 10-Q of the Company for the quarter ended June 30, 2006 (the“Report”) fully complies with the requirements of Section 13(a) or Section 15(d), as applicable, ofthe Securities Exchange Act of 1934, as amended; and(ii) the information contained in the Report fairly presents, in all material respects, thefinancial condition and results of operations of the Company.     Dated: August 11, 2006 /s/ James L. Fares   James L. Fares   Chief Executive Officer  The foregoing certification is being furnished solely to accompany the Report pursuant to 18 U.S.C.§ 1350, and is not being filed for purposes of Section 18 of the Securities Exchange Act of 1934,as amended, and is not to be incorporated by reference into any filing of the Company, whether madebefore or after the date hereof, regardless of any general incorporation language in such filing.**Certification of Chief Financial Officer**     Pursuant to 18 U.S.C. § 1350, as created by Section 906 of the Sarbanes-Oxley Act of 2002, theundersigned officer of Questcor Pharmaceuticals, Inc. (the “Company”) hereby certifies, to suchofficer’s knowledge, that:(i) the Quarterly Report on Form 10-Q of the Company for the quarter ended June 30, 2006 (the“Report”) fully complies with the requirements of Section 13(a) or Section 15(d), as applicable, ofthe Securities Exchange Act of 1934, as amended; and(ii) the information contained in the Report fairly presents, in all material respects, thefinancial condition and results of operations of the Company.     Dated: August 11, 2006 /s/ George Stuart   George Stuart   Chief Financial Officer  The foregoing certification is being furnished solely to accompany the Report pursuant to 18 U.S.C.§ 1350, and is not being filed for purposes of Section 18 of the Securities Exchange Act of 1934,as amended, and is not to be incorporated by reference into any filing of the Company, whether madebefore or after the date hereof, regardless of any general incorporation language in such filing.
EXHIBIT
32.1








Section 1350 Certification
of Chief Executive Officer









In
connection with the quarterly report of Applied Nanotech Holdings, Inc. (the
“Company”) on Form 10-Q for the quarter ended June 30, 2008, as filed with the
Securities and Exchange Commission on the date hereof (the “Report”), I, Thomas
F. Bijou, the Chief Executive 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 conditions and results of
operations of the Company as of the dates and for the periods expressed in the
report.








Date:      
      July 31, 2008
            /s/
      Thomas F. Bijou
              Thomas
      F. Bijou
              Chief
      Executive Officer
Order filed, June 30, 2016

.

In The



## Fourteenth Court of Appeals

____________

NO. 14

- 16

- 00360

- CV

____________

HECTOR GIANACOVO , Appellant

V.

JUAN A. BONILLA , Appellee

On Appeal from the Co unty Civil C our t at Law No 4

Harris County, Texas

Trial C ourt Cause No. 1072623



### ORDER

The reporter’s record in this case was due June 13, 2016

. See Tex. R. App.

P. 35.1. The court has not received a request to extend time for filing the record.

The record has not been filed with the court. Because the rep orter’s record has not

been filed timely, we issue the following order.

We order Lisa Fort , the official court reporter, to file the record in this

appeal within 30 days of the date of this order

.

PER CURIAM
Exhibit 32.1






CERTIFICATION
OF CHIEF EXECUTIVE OFFICER
 PURSUANT
TO
 18
U.S.C. SECTION 1350,
 AS
ADOPTED PURSUANT TO
 SECTION
906 OF THE SARBANES-OXLEY ACT OF 2002
 
 I,
Christian Soderquist certify, pursuant to 18 U.S.C. Section 1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the Quarterly
Report on Form 10-Q of Octus Inc. for the period ending June 30, 2009 fully
complies with the requirements of Section 13(a) or 15(d) of the Securities
Exchange Act of 1934 and that the information contained in the Quarterly Report
on Form 10-Q fairly presents in all material respects the financial condition
and results of operations of Octus Inc.
 
 Date:
      August 14, 2009
              
              
              /s/
      Christian SoderquistChristian
      Soderquist
                CEO