alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Chitra LUGINA, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent.

No. 06-70826.

United States Court of Appeals, Ninth Circuit.

Submitted April 13, 2009.*

Filed April 29, 2009.

*532Robert George Ryan, Law Offices of Eugene C. Wong, Inc., San Francisco, CA, for Petitioner:

Michelle E. Gorden Latour, Esquire, Jessica Eden Sherman, Esquire, Trial, DOJ—U.S. Department of Justice Washington, DC, Ronald E. Lefevre, Office of the District Counsel Department of Homeland Security San Francisco, CA, for Respondent.

Before: GRABER, GOULD, and BEA, Circuit Judges.

*

 The panel unanimously finds this case suitable for decision without oral argument. *See*Fed. R.App. P. 34(a)(2).

MEMORANDUM **

Chitra Lugina, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals’ order dismissing her appeal from an immigration judge’s (“IJ”) decision denying her motion to reinstate her asylum application. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reinstate an asylum application, *see Mendez-Gutierrez v. Ashcroft,*340 F.3d 865, 869 (9th Cir.2003), and we review de novo claims of due process violations in immigration proceedings, *see Sanchez-Cruz v. INS,*255 F.3d 775, 779 (9th Cir.2001). We deny the petition for review.

The agency did not abuse its discretion in denying Lugina’s motion to reinstate her previously withdrawn asylum application because she failed to establish prima facie eligibility for the underlying relief sought. *See Mendez-Gutierrez,*340 F.3d at 869-70. Further, Lugina’s due process rights were not violated by the IJ’s failure to provide an interpreter at her master calendar hearing because it is clear from the record that she knowingly and intelligently withdrew her asylum application, and she admitted that she “changed [her] mind” afterward. *See Lata v. INS,*204 F.3d 1241, 1246 (9th Cir.2000) (petitioner must show error and prejudice to prevail on a due process challenge); *see also Khan v. Ashcroft,*374 F.3d 825, 829-30 (9th Cir.2004) (record established that petitioner’s due process rights were not violated by lack of translation at master calendar hearing).

PETITION FOR REVIEW DENIED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
EXHIBIT 35.2

                    SERVICER COMPLIANCE STATEMENT (ITEM 1123)

                               GMAC MORTGAGE, LLC

                RALI SERIES 2007-QO3 TRUST (THE "ISSUING ENTITY")

The undersigned,  a duly authorized  officer of GMAC Mortgage,  LLC, as servicer
(the "Servicer")  pursuant to the applicable  servicing  agreement,  does hereby
certify that:

1. A review of the  Servicer's  activities  during  the  period  covered  by the
Issuing Entity's report on Form 10-K and of the Servicer's performance under the
applicable servicing agreement has been made under my supervision.

2. To the best of my knowledge, based on such review, the Servicer has fulfilled
all of its obligations under the applicable  servicing agreement in all material
respects  throughout such period.

IN WITNESS WHEREOF, the undersigned has duly executed this Certificate this 24th
day of March 2008.


By:   /s/ Anthony N. Renzi
      Name:  Anthony N. Renzi
      Title: Executive Vice President
`
CERTIFICATION PURSUANT TO

SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002

 

I, Johnny R. Thomas, certify that:  

 

1    I have reviewed this annual report on Form 10-K/A of Consolidation Services, Inc. (the"Registrant"); 

 

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

 

3.    Based on my knowledge, the financial statements, and other financial information included in this annual report, fairly present in all material respects the financial condition, results of operations and cash flows of the registrant as of, and for, the periods presented in this annual report;

 

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

 

(a)   designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the registrant, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this annual report is being prepared;

 

(b)       [Intentionally Omitted];

 

(c)        evaluated the effectiveness of the registrant's disclosure controls and procedures and presented in this annual report our conclusions 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

 

(d)   disclosed in this annual report any change in the registrant's internal control over financial reporting that occurred during the registrant's most recent fiscal quarter (the registrant's fourth fiscal quarter in the case of an annual report) that has materially affected, or is reasonably likely to materially affect, the registrant's internal control over financial reporting; and

 

5.    The registrant's other certifying officer and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the registrant's auditors and the audit committee of the registrant's board of directors:

 

(a)   all significant deficiencies and material weaknesses the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the registrant's ability to record, process, summarize and report financial information and;

 

(b)   any fraud, whether or not material, that involves management or other employees who have a significant role in the registrant's internal control over financial reporting.

 

Date: June 6, 2008

 

 

/s/ Johnny R. Thomas

     Johnny R. Thomas

     Chief Executive Officer of Consolidation Services, Inc.
`
#### Searcy *et al. v.*Collins *et al.*

1. An exception to a decree that it does not follow the verdict, no particular departure being specified, does not raise the question whether the decree goes beyond the verdict, although it may do so in one particular.

2. The evidence, though conflicting, warranted the verdict as to all the answers specifically propounded to the jury; and no answer given was defective, either by reason of not being responsive to the question or by reason of not being sufficiently comprehensive to answer it.

July 23, 1894.

Equitable petition. Before Judge Smith. Bibb superior court. November term, 1893.

M. G. Bayne, for plaintiffs.

Ryals & Stone, for defendants.

*Judgment affirmed.*
#### Louise Robinson, Respondent, v Cambridge Realty Co., LLC, et al., Appellants.

[872 NYS2d 440]

*583Judgment, Supreme Court, Bronx County (Dominic R. Mas-saro, J.), entered September 25, 2008, upon a jury verdict, awarding plaintiff, inter alia, damages in the principal amount of $350,000 for past pain and suffering and $350,000 for future pain and suffering, unanimously affirmed, without costs. Appeal from order, same court and Justice, entered June 11, 2008, which denied defendants’ motion to set aside or modify the verdict, unanimously dismissed, without costs, as subsumed in the appeal from the judgment.

No basis exists to disturb the jury’s finding that the alleged dangerous condition—a hole about six inches long, four to five inches wide, and two inches deep located on the sidewalk portion of the driveway leading into the garage near the rear entrance of the apartment building, managed by defendants, in which plaintiff resides—was not a trivial defect *(see Trincere v County of Suffolk,*90 NY2d 976, 977-978 [1997]). Defendants’ challenge to the jury charge on triviality is not preserved and we decline to review it. Nor should the jury’s finding of no comparative negligence be disturbed on the basis of plaintiffs testimony that she had previously traversed the area. Given plaintiffs additional testimony that the accident occurred while it was dark outside in a dimly lit area and that there were many defects in the driveway, and given no evidence that the portion of the sidewalk/driveway with the defect was visible at night, the jury could have found that plaintiff could not have been expected to remember the location of all of the defects on this nine-foot-wide sidewalk/driveway. The $350,000 awards for each of past and future pain and suffering are not excessive, where plaintiff suffered a comminuted shoulder fracture, underwent shoulder replacement surgery, was unable to care for herself for several months, and complained of pain from the 2003 accident through the 2008 trial *(cf. Baez v New York City Tr. Auth.,*15 AD3d 309 [2005]). Concur—Saxe, J.R, Friedman, Nardelli, Sweeny and DeGrasse, JJ.
EXHIBIT 23.1

Consent of Independent Registered Public Accounting Firm

We hereby consent to the incorporation by reference in the Registration Statements on Form S-8 (Nos. 333-64302,
333-104071, 333-118992, 333-123364, 333-132492, and 333-141264) of our reports dated March 14, 2008, relating to the consolidated
financial statements and financial statement schedule of MoSys, Inc. as of December 31, 2007 and for the year then ended and the effectiveness of internal control over financial
reporting as of December 31, 2007, which appear in MoSys, Inc.'s Annual Report on Form 10-K.

/s/
Burr, Pilger & Mayer LLP

San
Jose, California
March 14, 2008

---



QuickLinks
EXHIBIT 32.1

Certification Required by Rule 13a-14(b) or

Rule 15d-14(b) and
Section 906 of the Sarbanes-Oxley Act of 2002

In connection with the Quarterly Report of Permian Basin Royalty Trust (the
Trust) on Form 10-Q for the quarterly period ended June 30, 2013, as filed with the Securities and Exchange Commission on the date hereof (the Report), the undersigned, not in its individual capacity but solely as the
trustee of the Trust, certifies pursuant to 18 U.S.C. 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to its 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 the Trust.



|                     |  |  |  |                                                                |  |                                              
|-------------------- |  |  |  | -------------------------------------------------------------- |  | ---------------------------------------------
|                     |  |  |  | BANK OF AMERICA, N.A., TRUSTEE FOR PERMIAN BASIN ROYALTY TRUST
|                     |  |  | 
|Date: August 8, 2013 |  |  |  | By:                                                            |  | /s/ RON E. HOOPER                            
|                     |  |  |  |                                                                |  | Ron E. Hooper,                               
|                     |  |  |  |                                                                |  | Senior Vice President and Trust Administrator
|                     |  |  |  |                                                                |  | Bank of America, N.A.                        

A signed original of this written statement required by Section 906 has been provided to Permian Basin Royalty Trust
and will be retained by Permian Basin Royalty Trust and furnished to the Securities and Exchange Commission or its staff upon request.
<PAGE>

EXHIBIT 99.1

Certification of Chief Executive Officer of Spectrum Laboratories, Inc.

In connection with the quarterly report of Spectrum Laboratories, Inc. and its
subsidiaries, SLI Acquisition Corp., Spectrum Europe B.V. and Spectrum
Chromatography (collectively, the Company) on Form 10-QSB for the quarter ended
June 29, 2002 as filed with the Securities and Exchange Commission on the date
hereof (the "Report"), Roy T. Eddleman, Chairman and 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 to the best of my knowledge
and belief:

1.       the Report fully complies with the requirements of Section 13(a) or
         Section 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: August 13, 2002.

/s/ Roy T. Eddleman
-------------------------------------
Roy T. Eddleman
Chairman and Chief Executive Officer
Spectrum Laboratories, Inc.
EXHIBIT 12.1
CALCULATION OF EARNINGS TO FIXED CHARGES                       **YEAR ENDED DECEMBER 31,**  **(in thousands)**    **2002** **2001** **2000** **1999** **1998**      Income (loss) before income taxes,minority interest andextraordinary item $129,907  $146,405  $(70,924) $(127,776) $(386,211)Fixed charges:                    - Interest and other expense andamortizationof debt issuance costs  25,085   25,063   18,639   15,079   14,578 - Capitalized Interest  811   —   —   —   — - Interest portion of leases  8,413   8,506   6,133   5,033   3,600                 Total Fixed Charges $34,309  $33,554  $24,772  $20,112  $18,178                 Income (loss) before income taxes,minority interest and extraordinaryitem plus fixed charges, excludingcapitalized interest  164,216   179,974   (46,152)  (107,664)  (368,033)Ratio  4.8   5.4   —   —   — Deficiency of Earnings to FixedCharges $—  $—  $70,924  $127,776  $386,211
**EXHIBIT 23.1**

 

**CONSENT OF ERNST & YOUNG LLP, INDEPENDENTAUDITORS**

 

We consent to the incorporation by reference in the RegistrationStatement (Form S-8 No. 333-64302) pertaining to the 2000 Employee Stock OptionPlan, 2000 Employee Stock Purchase Plan, 1996 Stock Plan and 1992 Stock OptionPlan of Monolithic System Technology, Inc., of our report dated January 26,2004, with respect to the consolidated financial statements and schedule ofMonolithic System Technology, Inc. included in this Annual Report (Form 10-K)for the year ended December 31, 2003.

 

 
|                 | /s/ Ernst & Young LLP |   |
|----------------------|---------------------------|--------|
|                 |                      |
|                 |                      |
| San Jose, California |                      |
| March 10, 2004       |                      |

 

----
[Federal Register Volume 74, Number 93 (Friday, May 15, 2009)]
[Notices]
[Pages 22925-22927]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-11406]


=======================================================================
-----------------------------------------------------------------------

EXPORT-IMPORT BANK OF THE U.S.

[Public Notice 114]


Agency Information Collection Activities: Proposed Collection; 
Comment Request, Marketing Fax Back Response Form

AGENCY: Export-Import Bank of the U.S.

ACTION: Notice and request for comments.

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

SUMMARY: The Export-Import Bank invites the general public and other 
Federal Agencies to comment on the proposed information collection, as 
required by the Paperwork Reduction Act of 1995. The Marketing Fax Back 
Response Form will be used to collect basic trade information about 
United States companies. This information will be provided to the 
Export-Import Bank's finance consultants nationwide to assist in 
providing counsel to exporters.

DATES: Comments must be received on or before July 14, 2009 to be 
considered.

ADDRESSES: Direct all comments and requests for additional information 
to Stephen Maroon, Export-Import Bank of the U.S., 811 Vermont Avenue, 
NW., Washington, DC 20571, (202) 565-3901, or <a href="/cdn-cgi/l/email-protection#ea999e8f9a828f84c4878b98858584aa8f928387c48d859c"><span class="__cf_email__" data-cfemail="8efdfaebfee6ebe0a0e3effce1e1e0ceebf6e7e3a0e9e1f8">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: 
    Title and Form Number: Marketing Fax Back Response Form EIB 05-01.
    OMB Number: 3048-.
    Type of Review: Regular.
    Need and Use: This form will provide basic trade information about 
U.S. Companies and will provide the Export-Import Bank's trade finance 
consultants nationwide the ability to provide counsel to exporters.
    Affected Public: The form affects entities involved in the export 
of U.S. goods and services.
    Estimated Annual Respondents: 1,500.
    Estimated Time per Respondent: 5 minutes.
    Estimated Annual Burden: 125 hours.
    Frequency of Reporting or Use: Once.
BILLING CODE 6690-01-P

[[Page 22926]]

[GRAPHIC] [TIFF OMITTED] TN15MY09.002


[[Page 22927]]


[GRAPHIC] [TIFF OMITTED] TN15MY09.003


    Dated: May 7, 2009.
Sharon A. Whitt,
Agency Clearance Officer.
[FR Doc. E9-11406 Filed 5-14-09; 8:45 am]
BILLING CODE 6690-01-C


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<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-START>                             JAN-01-1996
<PERIOD-END>                               DEC-31-1996
<CASH>                                           3,737
<SECURITIES>                                         0
<RECEIVABLES>                                   26,726
<ALLOWANCES>                                         0
<INVENTORY>                                      7,833
<CURRENT-ASSETS>                                     0
<PP&E>                                          19,184
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                  95,815
<CURRENT-LIABILITIES>                                0
<BONDS>                                         43,738
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         1,081
<OTHER-SE>                                       5,414
<TOTAL-LIABILITY-AND-EQUITY>                    95,815
<SALES>                                         91,586
<TOTAL-REVENUES>                                91,586
<CGS>                                                0
<TOTAL-COSTS>                                   54,758
<OTHER-EXPENSES>                                30,007
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               6,230
<INCOME-PRETAX>                                    591
<INCOME-TAX>                                     (236)
<INCOME-CONTINUING>                                827
<DISCONTINUED>                                     350
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     1,177
<EPS-PRIMARY>                                      .11
<EPS-DILUTED>                                        0


</TABLE>
##### 



Exhibit 12 COMPUTATION OF RATIO OF INCOME TO COMBINED FIXED CHARGESSEARS, ROEBUCK AND CO. AND CONSOLIDATED SUBSIDIARIES
(Unaudited) SixMonthsEnded
    
    For the Fiscal Year Ended7/3/04(millions, except ratios)
    
    (unaudited)
    
    2003
    
    2002
    
    2001
    
    2000Fixed ChargesInterest and amortization of debt discount
and expense on all indebtedness
    
    $
    144
    
    
    $
    1,816
    
    
    $
    1,143
    
    
    $
    1,415
    
    
    $
    1,248Add interest element implicit in rentals
    
    
    74
    
    
    
    167
    
    
    
    157
    
    
    
    161
    
    
    
    136218
    
    
    
    1,983
    
    
    
    1,300
    
    
    
    1,576
    
    
    
    1,384Interest capitalized
    
    
    0
    
    
    
    1
    
    
    
    4
    
    
    
    11
    
    
    
    4Total fixed charges
    
    $
    218
    
    
    $
    1,984
    
    
    $
    1,303
    
    
    $
    1,587
    
    
    $
    1,388IncomeIncome before income taxes, minority interest
and cumulative effect of change in accounting principle
    
    $
    64
    
    
    $
    5,449
    
    
    $
    2,453
    
    
    $
    1,223
    
    
    $
    2,223Deduct undistributed net income
of unconsolidated companies
    
    
    4
    
    
    
    8
    
    
    
    20
    
    
    
    12
    
    
    
    1760
    
    
    
    5,441
    
    
    
    2,433
    
    
    
    1,211
    
    
    
    2,206AddFixed charges (excluding interest capitalized)
    
    
    218
    
    
    
    1,983
    
    
    
    1,300
    
    
    
    1,576
    
    
    
    1,384Income before fixed charges and
income taxes
    
    $
    278
    
    
    $
    7,424
    
    
    $
    3,733
    
    
    $
    2,787
    
    
    $
    3,590Ratio of income to fixed charges
    
    
    1.27
    
    
    
    3.74
    
    
    
    2.86
    
    
    
    1.76
    
    
    
    2.59