alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Maria Eugenia Cintora DE CASTILLO, Petitioner, v. Alberto R. GONZALES,* Attorney General, Respondent.

No. 04-70574.

United States Court of Appeals, Ninth Circuit.

Argued and Submitted June 9, 2005.

Decided June 19, 2006.

Maria Eugenia Cintora De Castillo, Coachella, CA, pro se.

Regional Counsel, Western Region Immigration & Naturalization Service, Laguna Niguel, CA, Ronald E. LeFevre, Chief Legal Officer, Office of the District Counsel, Department of Homeland Security, San Francisco, CA, Joan E. Smiley, Esq., Richard M. Evans, Esq., DOJ — U.S. Department of Justice Civil Div./Office of Immigration Lit., Washington, DC, for Respondent.

Before: D.W. NELSON, RAWLINSON, and BEA, Circuit Judges.

*

 Alberto R. Gonzales is substituted for his predecessor, John Ashcroft, as Attorney General of the United States, pursuant to Fed. R.App. P. 43(c)(2).

MEMORANDUM **

Maria Eugenia Cintora de Castillo, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (BIA’s) decision summarily affirming the immigration judge’s (IJ’s) denial of her application for cancellation of removal and denying her motion to remand based on ineffective assistance of counsel. Our jurisdiction is governed by 8 U.S.C. § 1252. We dismiss in part and deny in part the petition for review.

The IJ denied Cintora de Castillo’s application for cancellation of removal because she failed to demonstrate the requisite good moral character. The IJ’s oral decision reflects that this determination was discretionary. We lack jurisdiction to review discretionary moral character determinations and therefore dismiss this portion of the petition for review. *See Moran v. Ashcroft,*395 F.3d 1089, 1091 (9th Cir.2005); *Romero-Torres v. Ashcroft,*327 F.3d 887, 890 (9th Cir.2003); *cf. Kalaw v. INS,*133 F.3d 1147, 1151 (9th Cir.1997).

*649We review for abuse of discretion the denial of a motion to remand. *Malhi v. INS,*386 F.3d 989, 993 (9th Cir.2003). Cintora de Castillo’s motion raised an ineffective assistance of counsel claim based on an attorney’s alleged failure to pass along to the IJ certain “orders dismissing the criminal matters” alleged by the government, but on appeal Cintora de Castillo neither provided the BIA with those documents nor described their contents with any specificity. She therefore has not “develop[ed] an adequate factual basis for the BIA to adjudicate the claim,” *Ray v. Gonzales,*439 F.3d 582, 588 (9th Cir.2006), or met her burden of showing prejudice, *see Iturribarria v. INS,*321 F.3d 889, 899-900 (9th Cir.2003). Accordingly, the BIA did not abuse its discretion in denying the motion to remand. *Ray,*439 F.3d at 587-88.

PETITION FOR REVIEW DISMISSED in part; DENIED in part.

**

 This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
### THE THIRTEENTH COURT OF APPEALS

13

- 16

- 00359

- CV
Allyson R. Oliver and William C. Oliver

v. Wells Fargo Bank, N.A.

On a ppeal from the County Court at Law No. 5 of Nueces County , Texas Trial Cause No. 2014

- CCV

- 60666

- 5

JUDGMENT THE THIRTEENTH COURT OF APPEALS, having considered this cause on appeal, concludes the appeal should be dismissed . The Court orders the appeal DISMISSED in accordance with its opinion . Costs of the appeal are adjudged against appellant. We further order this decision certified below for observance. September 2, 2016
XM SATELLITE RADIO HOLDINGS INC. AND SUBSIDIARIES



Exhibit 32.2



Written Statement of Chief Executive Officer and Chief Financial Officer

Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002



The certification set forth below is being submitted to the Securities and Exchange Commission solely for the purpose of complying with
Section 1350 of Chapter 63 of Title 18 of the United States Code. This certification is not deemed to be filed pursuant to the Securities Exchange Act of 1934 and does not constitute a part of the Annual Report on Form 10-K accompanying
this statement.



The undersigned, the Chief Executive Officer and the Executive
Vice President and Chief Financial Officer of XM Satellite Radio Inc. (XM), each hereby certifies that, to his knowledge on the date hereof:



|(a) | the Form 10-K of XM for the period ended December 31, 2006 filed on the date hereof with the Securities and Exchange Commission (the Report) fully complies with the
requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and
|--- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



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



| |  |  |  |                                                                                       
| |  |  |  | --------------------------------------------------------------------------------------
| |  | 
| |  |  |  | /s/ HUGH PANERO                                                                       
| |  |  |  | Hugh Panero Chief Executive
Officer March 1, 2007                                     
| |  | 
| |  |  |  | /s/ JOSEPH J. EUTENEUER                                                               
| |  |  |  | Joseph J. Euteneuer Executive Vice
President and Chief Financial Officer March 1, 2007



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


<ARTICLE>                     5
<LEGEND>
     This Schedule  contains summary  financial  information  extracted from the
Form 10-QSB of Kent Financial  Services,  Inc. for the six months ended June 30,
1999 and is qualified in its entirety by reference to such financial statements.


</LEGEND>
<CIK>                                          0000316028
<NAME>                                         KENT FIANCIAL SERVICES, INC.
<MULTIPLIER>                                   1000

<S>                                            <C>
<PERIOD-TYPE>                                  6-MOS
<FISCAL-YEAR-END>                        DEC-31-1999
<PERIOD-START>                           JAN-01-1999
<PERIOD-END>                             JUN-30-1999
<CASH>                                             5,738
<SECURITIES>                                       7,160
<RECEIVABLES>                                      404
<ALLOWANCES>                                       0
<INVENTORY>                                        0
<CURRENT-ASSETS>                                   13,302
<PP&E>                                             1,700
<DEPRECIATION>                                     500
<TOTAL-ASSETS>                                     14,907
<CURRENT-LIABILITIES>                              1,818
<BONDS>                                            0
<PREFERRED-MANDATORY>                              0
<PREFERRED>                                        0
<COMMON>                                           194
<OTHER-SE>                                         12,532
<TOTAL-LIABILITY-AND-EQUITY>                       14,907
<SALES>                                            0
<TOTAL-REVENUES>                                   2,748
<CGS>                                              0
<TOTAL-COSTS>                                      0
<OTHER-EXPENSES>                                   2,199
<LOSS-PROVISION>                                   0
<INTEREST-EXPENSE>                                 133
<INCOME-PRETAX>                                    416
<INCOME-TAX>                                       18
<INCOME-CONTINUING>                                398
<DISCONTINUED>                                     0
<EXTRAORDINARY>                                    0
<CHANGES>                                          0
<NET-INCOME>                                       398
<EPS-BASIC>                                      0.20
<EPS-DILUTED>                                      0.20



</TABLE>
Exhibit 32

CERTIFICATION 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 Pacer International, Inc. (the Company), on Form 10-K for the
fiscal year ended December 28, 2007, as filed with the Securities and Exchange Commission on the date hereof (the Report), we, Michael E. Uremovich, Chief Executive Officer of the Company, and Lawrence C. Yarberry, Chief Financial
Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that:

(1) The Report fully complies with the requirements of section 13(a) or 15(d), as applicable, 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 the Company.

|                                                               
|---------------------------------------------------------------
|                                                               
|/s/ Michael E. Uremovich                                       
|Michael E. Uremovich Chief Executive
Officer  February 19, 2008
|                                                               
|/s/ Lawrence C. Yarberry                                       
|Lawrence C. Yarberry Chief Financial
Officer  February 19, 2008

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



Exhibit 4.19

(Translation)

August 29, 2003

To: Mitsubishi Trust and Banking Corporation

|        |  |      
|------- |  | -----
|Debtor: |  | (IIJ)

Letter of Undertaking

Pursuant to the request of your company, the Debtor shall cooperate in the
following procedures for providing securities to the banks with which the
Debtor has dealings (i.e., Mizuho Corporate Bank, Ltd., UFJ Bank Limited,
Sumitomo Mitsui Banking Corporation, your company, The Bank of
Tokyo-Mitsubishi, Ltd.).



|1. |  | Establishment of a pledge of the
2nd rank of priority on the security
deposit of 1,705,036,213 yen deposited under the Lease Agreement executed
between the Debtor and Mitsui Fudosan Co., Ltd. as of March 14, 2003.
|-- |  | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
|  
|2. |  | Execution of an agreement regarding security interest on receivables in
order to provide, as security, the account receivable of 3,794 million yen
held by the Debtor as of July 31, 2003.                           





---



##### 



(Translation)

August 29, 2003

To: The Bank of Tokyo-Mitsubishi, Ltd.

|        |  |      
|------- |  | -----
|Debtor: |  | (IIJ)

Letter of Undertaking

Pursuant to the request of your company, the Debtor shall cooperate in the
following procedures for providing securities to the banks with which the
Debtor has dealings (i.e., Mizuho Corporate Bank, Ltd., UFJ Bank Limited,
Sumitomo Mitsui Banking Corporation, your company, Mitsubishi Trust and Banking
Corporation).



|1. |  | Establishment of a pledge of the
2nd rank of priority on the security
deposit of 1,705,036,213 yen deposited under the Lease Agreement executed
between the Debtor and Mitsui Fudosan Co., Ltd. as of March 14, 2003.
|-- |  | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
|  
|2. |  | Execution of an agreement regarding security interest on receivables in
order to provide, as security, the account receivable of 3,794 million yen
held by the Debtor as of July 31, 2003.
**EXHIBIT 24**

 

**POWER OF ATTORNEY**

 

Wethe undersigned officers and/or directors of Chemtura Corporation, herebyconstitute and appoint Stephen C. Forsyth and Billie S. Flaherty and each ofthem our true and lawful attorneys in fact with full power of substitution tosign and file with the U.S. Securities and Exchange Commission the AnnualReport on Form 10-K of Chemtura Corporation for the fiscal year ended December 31,2009, and any and all amendments and other filings or documents relatedthereto.

 

INWITNESS WHEREOF, we have signed this Power of Attorney in the capacitiesindicated on February 25, 2010.

 

 
| /s/ Craig A. Rogerson                                                 |   | /s/ Nigel D.T. Andrews |
|-----------------------------------------------------------------------|--------|------------------------|
| Craig A. Rogerson                                                     |   | Nigel D.T. Andrews     |
| Principal Executive Officer                                           |   | Director               |
| Chairman of the Board President, Chief Executive Officer and Director |   |                   |
|                                                                  |   |                   |
|                                                                  |   |                   |
| /s/ James W. Crownover                                                |   | /s/ Martin M. Hale     |
| James W. Crownover                                                    |   | Martin M. Hale         |
| Director                                                              |   | Director               |
|                                                                  |   |                   |
|                                                                  |   |                   |
| /s/ Roger L. Headrick                                                 |   | /s/ Burton M. Joyce    |
| Roger L. Headrick                                                     |   | Burton M. Joyce        |
| Lead Director                                                         |   | Director               |
|                                                                  |   |                   |
|                                                                  |   |                   |
| /s/ Bruce F. Wesson                                                   |   | /s/ John K. Wulff      |
| Bruce F. Wesson                                                       |   | John K. Wulff          |
| Director                                                              |   | Director               |

 

----
```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1789 Introduced in House (IH)]

<DOC>

118th CONGRESS
  1st Session
                                H. R. 1789

To amend the Agricultural Foreign Investment Disclosure Act of 1978 to 
 increase the minimum amount of a civil penalty imposed for violating 
                   such Act, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             March 24, 2023

   Mrs. Miller of Illinois introduced the following bill; which was 
                referred to the Committee on Agriculture

_______________________________________________________________________

                                 A BILL

 
To amend the Agricultural Foreign Investment Disclosure Act of 1978 to 
 increase the minimum amount of a civil penalty imposed for violating 
                   such Act, 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. INCREASE IN MINIMUM AMOUNT OF CIVIL PENALTY IMPOSED FOR 
              VIOLATING AFIDA.

    Section 3(b) of the Agricultural Foreign Investment Disclosure Act 
of 1978 (7 U.S.C. 3502(b)) is amended by striking ``shall not exceed 25 
percent'' and inserting ``shall be at least 50 percent''.
                                 <all>
```
Exhibit 32.2




Certification
of Principal Financial Officer


Pursuant
to 18 U.S.C. Section 1350


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





Pursuant
to section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of
section 1350, chapter 63 of title 18, United States Code), the undersigned
officer of NeuMedia, Inc., a Delaware corporation (the “Company”), does hereby
certify, to such officer’s knowledge, that:




The
Quarterly Report on Form 10-Q for the period ended September 30, 2010 of
the Company (the “Form 10-Q”) fully complies with the requirements of Section
13(a) or 15(d) of the Securities Exchange Act of 1934, as amended, and the
information contained in the Form 10-Q fairly presents, in all material
respects, the financial condition and results of operations of the
Company.




Date:
November 22, 2010




/s/
      Russell BurkeRussell
      BurkeChief
      Financial Officer and Secretary(Principal
      Financial Officer)
**Exhibit 23.1**











Consent
      of Independent Registered Public Accounting Firm











We
      consent to the incorporation by reference in the registration statement
      (No. 333-120141) on Form S-8 of Cytomedix, Inc. of our report dated
      February 23, 2007 ( except
      as
      to the fifth paragraph of our report and Notes 2, 3, 11, 12, 13 and 14, which
      are as of November 13, 2007) ,
      with
      respect to the balance sheets of Cytomedix, Inc. as of December 31, 2006
      and 2005, and the related statements of operations, stockholders’ equity, and
      cash flows for each of the years in the three-year period ended
      December 31, 2006, and our report dated February 23, 2007 on
      management’s assessment of the effectiveness of internal control over financial
      reporting as of December 31, 2006 and the effectiveness of internal control
      over financial reporting as of December 31, 2006, which appear on pages 23
      and 55 in this 2006 annual report on Form 10-K, as amended, on Form 10-K/A
      for
      the year ended December 31, 2006.








/s/
      L J
      Soldinger Associates, LLC





Deer
      Park, Illinois


November
      14, 200 7
Exhibit 10.2

 

THIRD LEASE ADDENDUM

 

THIS THIRD LEASE ADDENDUM IS MADE AND ENTERED INTO THIS 29TH DAY OF MAY, 2015, BY AND BETWEEN ANNABEL INVESTMENT COMPANY, A CALIFORNIA LIMITED PARTNERSHIP (HEREINAFTER REFERRED TO AS “LANDLORD”) AND STEADYMED THERAPEUTICS, INC. (HEREINAFTER REFERRED TO AS “TENANT”). 

 

IT IS AGREED BETWEEN LANDLORD AND TENANT TO MODIFY THE LEASE DATED SEPTEMBER 20, 2012, INCLUDING ALL ADDENDA TO THE LEASE UP TO AND INCLUDING THE SECOND LEASE ADDENDUM DATED MARCH 2, 2015, (HEREINAFTER COLLECTIVELY REFERRED TO AS “LEASE”) IN THE FOLLOWING MANNER: 

 

1.5                               Term:               The “Expiration Date” per the Lease is hereby changed from May 31, 2015 to the Commencement Date defined in the Lease for the new premises located at 2603 Camino Ramon, Suite 350 by and between SteadyMed Therapeutics, Inc. and Sunset Land Company, LLC (hereinafter referred to as the “New Premises”) as evidenced by the executed Exhibit G for the New Premises. 

 

With the exception of the modifications set out above, all other terms, covenants and agreements of the Lease shall remain in full force and effect. 

 

	
Landlord:
    	
Tenant:
    
	
 
    	
 
    
	
Annabel   Investment Company,
    	
SteadyMed Therapeutics, Inc. 
    
	
a California limited partnership
    	
 
    
	
 
    	
 
    
	
 
    	
 
    	
DocuSigned by:
    
	
By:
    	
/s/ David Jew
    	
 
    	
By:
    	
/s/ Jonathan Rigby
    
	
 
    	
 
    	
A4BA5472A677449
    
	
Title:
    	
VP - Finance 
    	
 
    	
Title:
    	
CEO
    
	
 
    	
 
    	
 
    
	
By: 
    	
/s/ Steven Barale
    	
 
    	
 
    
	
 
    	
 
    
	
Title:
    	
Controller
    	
 
    	
 
    
	
 
    	
 
    	
 
    
	
Date:
    	
5-29-2015
    	
 
    	
Date: 
    	
5/26/2015 
    
	
 
    	
 
    
	
 
    	
Regarding: 

 

Existing Premises: 

 

Bishop Ranch 6, Building L 

2410 Camino   Ramon, Suites 285/295 

San Ramon, CA 94583
**EXHIBIT
      23.1**




**Consent
      of Independent Registered Public Accounting Firm**




We
      consent to the incorporation by reference in the Registration Statements on
      Forms S-3 (File Nos. 333-127666, 333-129426 and 333-134806) and Forms S-8 (File
      No. 333-105557 and 333-137281) of Medis Technologies Ltd. of our reports dated March
      14 ,
      2007,
      with respect to the consolidated financial statements of Medis Technologies
      Ltd., Medis Technologies Ltd. management’s assessment of the effectiveness of
      internal control over financial reporting, and the effectiveness of internal
      control over financial reporting of Medis Technologies Ltd., included in this
      Annual Report on Form 10-K for the year ended December 31, 2006.







KOST FORER
      GABBAY & KASIERER


Tel
      Aviv,
      Israel      KOST
      FORER GABBAY & KASIERER


March
      14 ,
      2007   A
      MEMBER
      OF ERNST & YOUNG GLOBAL
EXHIBIT 32.2





SELECTICA, INC.





CERTIFICATION 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 on Form 10-K/A of Selectica, Inc. (the “Company”) for the year ended March 31, 2012, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Todd Spartz, 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:





(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.





Date: July 30, 2012





/S/ TODD SPARTZTodd SpartzChief Financial Officer