alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### XIANGQI XIE, Petitioner, v. Alberto R. GONZALES, Attorney General, Respondent.

Nos. 05-74529.

United States Court of Appeals, Ninth Circuit.

Submitted Dec. 4, 2006.*

Filed Dec. 8, 2006.

Xiangqi Xie, Monterey Park, pro se.

Ronald E. LeFevre, Chief Counsel, Office of the District Counsel, Department of Homeland Security, Joshua Delaney, Unit*699ed States Department of Justice, Joanne E. Johnson, DOJ — U.S. Department of Justice, Civil Div./Office of Immigration Lit., Mark L. Gross, DOJ — U.S. Department of Justice, Civil Rights Division/Appellate Section, San Francisco, CA, for Respondent.

Before GOODWIN, LEAVY, and FISHER, Circuit Judges.

*

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

MEMORANDUM**

Xiangqi Xie is a native and citizen of China who petitions for review of the Board of Immigration Appeals’ (“BIA”) order affirming, without opinion, the Immigration Judge’s (“IJ”) decision denying his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence, *Gui v. INS,*280 F. 3d 1217, 1225 (9th Cir.2002), and we grant the petition for review.

We conclude that the IJ’s adverse credibility decision is not supported by substantial evidence because the inconsistencies noted by the IJ relating to Xie’s practice of Christianity were not clear inconsistencies. *See Singh v. Ashcroft,*362 F.3d 1164, 1170 (9th Cir.2004) (holding that perceived inconsistencies are insufficient to support an adverse credibility determination). The IJ also failed to provide Xie with an opportunity to explain these perceived inconsistencies. *See Quan v. Gonzales,*428 F.3d 883, 886 (9th Cir.2005).

Moreover, the IJ failed to consider Xie’s explanation for the discrepancy between the address listed on his identity card and on his asylum application. *See Kaur v. Ashcroft,*379 F.3d 876, 887 (9th Cir.2004) (“An adverse credibility finding is improper when an IJ fails to address a petitioner’s explanation for a discrepancy or inconsistency.”). That Xie used another person’s visa and passport to flee China and enter this country is not, without more, a proper basis for finding him not credible. *Id.*at 889.

Accordingly, we grant the petition for review and remand to the BIA to determine whether, accepting Singh’s testimony as credible, he is eligible for asylum, withholding of removal, and relief under CAT. *See INS v. Ventura,*537 U.S. 12, 16-17, 123 S.Ct. 353, 154 L.Ed.2d 272 (2002) (per curiam).

PETITION FOR REVIEW GRANTED; REMANDED.

**

 This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.
**Exhibit 32**

**CERTIFICATION OFCEO AND CFO FURNISHED PURSUANT TO18 U.S.C. § 1350,AS ADOPTED PURSUANT TO§ 906 OF THE SARBANES-OXLEY ACT OF 2002**

In connection withthe Annual Report on Form 10-K of MoSys, Inc. (the “Company”)for the year ended December 31, 2006 as filed with the Securities andExchange Commission on the date hereof (the “Report”), Chester J. Silvestri,Chief Executive Officer of the Company, and James R, Pekarsky, Vice Presidentof Finance and Administration and Chief Financial Officer, hereby certify,pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of theSarbanes-Oxley Act of 2002, to the best of his knowledge, that:

(1)   The Reportfully complies with the requirements of Section 13(a) or 15(d) ofthe Securities Exchange Act of 1934, as amended; and

(2)   The information contained in the Reportfairly presents, in all material respects, the financial condition and resultof operations of the Company.

|          |     | /s/ CHET  SILVESTRI                                                         |
|----------|----------|-----------------------------------------------------------------------------|
|     |     | Chester J. Silvestri                                                        |
| * * | * * | *Chief Executive Officer and President*                                     |
|     |     | March 13, 2007                                                         |
|     |     | /s/ JAMES R. PEKARSKY                                                       |
|     |     | James R. Pekarsky                                                           |
| * * |     | *Vice President of Finance and Administration and  Chief Financial Officer* |
|     |     | March 13, 2007                                                         |

 

This certification accompanies this Report pursuant to§ 906 of the Sarbanes-Oxley Act of 2002 and shall not, except to the extentrequired by the Sarbanes-Oxley Act of 2002, or otherwise required, be deemedfiled by the Company for purposes of § 18 of the Securities Exchange Act of1934, as amended.

----
Importation of a Motor Vehicle 

Under Box 8 on the HS-7 Form 

OMB No. 2127-0002 

Exp. 09-30-2022 

National Highway Traffic Safety Administration 

Import and Certification Division 

Phone: 202-366-5291 

Fax: 202-493-0073 

Email: Importcertification@dot.gov 

Website: nhtsa.gov/importing 

1. Importer of Record 

Company 

Contact Person 

Address 

City State ZIP Code 

Phone Number Fax Number 

Email Address 

2. Broker Information 

Company Filer Code 

Contact Person 

Address 

City State ZIP Code 

Phone Number Fax Number 

Email Address 

3. Vehicle Information 

Model Year Make Model 

VIN 

Importation of a Motor Vehicle Under Box 8 on the HS-7 Form Page 1 of 2 
4. Off Road Use and Features 

 

 

 

 

 

 

 

 

-

Attach photos showing the vehicle and its off-road features. 

Questions? 

Call Mail 

202-366-5291 U.S. Department of Transportation 

National Highway Traffic Safety Administration 

Email 1200 New Jersey Avenue SE, 

West Building, Room W45-205, NEF-230 importcertification@dot.gov Washington, DC 20590 

NOTE: If importing more than one vehicle, attach an addendum with model year, make, model, and VIN for each vehicle. All 

sections of this form must be complete and submissions in writing must be legible (49 CFR Part 551.31). All requests submitted 

to this office must allow 30 business days for determination. 

PAPER REDUCTION ACT STATEMENT: A Federal agency may not conduct or sponsor, and a person is not required to respond to, nor shall a person be subject to a penalty 

for failure to comply with, a collection of information subject to the requirements of the Paperwork Reduction Act unless that collection of information displays a current valid 

OMB Control Number. The OMB Control Number for this information collection is 2127-0002. The information collected on this form is necessary to obtain registration with 

NHTSA as an importer of motor vehicles that are not originally manufactured to comply with all applicable Federal Motor Vehicle Safety Standards. The information is used to 

verify the applicant's eligibility to obtain such registration. We estimate that it will take approximately 10 hours to compile and assemble the information needed to complete the 

application. The information collected is necessary to obtain a benefit under 49 U.S.C § 30141 (c) and 49 CFR 592.5(a). Send comments regarding this burden estimate or any 

other aspect of this collection of information, including suggestions for reducing this burden to: Information Collection Clearance Officer, National Highway Traffic Safety 

Administration, 1200 New Jersey Avenue SE, Room W45-205, Washington, DC 20590. 

Importation of a Motor Vehicle Under Box 8 on the HS-7 Form Page 2 of 2
|  | (i) | The      Report fully complies with the requirements of Section 13(a) or Section      15(d) of the Securities Exchange Act of 1934;  and |
|--|-----|------------------------------------------------------------------------------------------------------------------------------------------|

|  | (ii) | The      information contained in the Report fairly presents, in all material      respects, the financial condition and results of operations of the Company      at the dates and for the periodspresented. |
|--|------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| Date:      June 9, 2010 |
|-------------------------|
| By:                | /s/ CHRISTOPHER SCHECH |
|                    | Christopher      Schech. |
|                    | Chief      Financial Officer |

----
##### 



(i)
    
    The Report fully complies with the requirements of Section
13(a) or 15(d) of the Securities Exchange Act of 1934; and(ii)
    
    The information contained in the Report fairly presents, in
all material respects, the financial condition and results of operation of the
Partnership.March 16, 2007
 By
    
    /s/ Dennis J. TietzDennis J. Tietz,President and Chief Executive Officer ofCronos Capital Corp.,General Partner of the Partnership/s/ John KallasJohn Kallas,Chief Financial Officer ofCronos Capital Corp,.General Partner of the Partnership
  
 *
    
    This certification, required by Section 906 of the Sarbanes-Oxley Act of 2002, other than as
required by Section 906, shall not be deemed to be filed with the Commission or subject to
the rules and regulations promulgated by the Commission under the Securities Exchange Act of
1934, as amended, or to the liabilities of Section 18 of said Act.
UNPUBLISHED

UNITED STATES COURT OF APPEALS 

FOR THE FOURTH CIRCUIT 

No. 09-7824

UNITED STATES OF AMERICA, 

 Plaintiff - Appellee, 

 v. 

DONALD WAYNE JONES, 

 Defendant - Appellant. 

Appeal from the United States District Court for the Eastern 

District of North Carolina, at Raleigh. W. Earl Britt, Senior 

District Judge. (5:96-cr-00070-BR-1) 

Submitted: January 14, 2010 Decided: January 21, 2010 

Before MOTZ, GREGORY, and SHEDD, Circuit Judges. 

Affirmed by unpublished per curiam opinion. 

Donald Wayne Jones, Appellant Pro Se. Anne Margaret Hayes, 

Assistant United States Attorney, Rudolf A. Renfer, Jr., 

Assistant United States Attorney, Raleigh, North Carolina, for 

Appellee.

Unpublished opinions are not binding precedent in this circuit. 
2 

PER CURIAM: 

Donald Wayne Jones appeals the district court’s order 

denying his motion for relief from judgment. We have reviewed 

the record and find no reversible error. Accordingly, we affirm 

for the reasons stated by the district court. United States v. 

Jones, No. 5:96-cr-00070-BR-1 (E.D.N.C. Sept. 11, 2009). We 

dispense with oral argument because the facts and legal 

contentions are adequately presented in the materials before the 

court and argument would not aid the decisional process. 

AFFIRMED
<PAGE>




                      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 Quarterly Report of Alfa International
Corp. on Form 10-QSB for the period ending September 30, 2003
(the Report), as filed with the Securities and Exchange
Commission on the date hereof, the undersigned certifies,
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 Alfa International Corp.

/s/Frank J. Drohan
------------------
Frank J. Drohan
Chief Executive & Financial Officer

November 19, 2003

The originally executed copy of this Certification will be
maintained at the Company's offices and will be made available
for inspection upon request.
COURT OF APPEALS FOR THE

FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER

Appellate case name: In the Interest of L.M.N. aka L.N., D.Y.L.N., J.L.L.N., aka 

J.L.L., Children

Appellate case number: 01-18-00413-CV

Trial court case number: 2015-01217J

Trial court: 315th District Court of Harris County

Appellant, A.L., has filed a motion for an extension of time to file his brief. The 

motion is granted. Appellant A.L.’s brief is due to be filed with this Court no later 

than Wednesday, August 1, 2018. See TEX. R. APP. P. 28.4(a), 38.6(d).

This appeal involves the termination of the parent-child relationship. Accordingly, 

this Court is required to bring the appeal to final disposition within 180 days of May 23, 

2018, the date the first notice of appeal was filed, so far as reasonably possible. See TEX.

R. JUD. ADMIN. 6.2, reprinted in TEX. GOV’T. CODE ANN., tit. 2, subtit. F app. (Vernon 

2013). Accordingly, no further extensions will be granted.

It is so ORDERED.

Judge’s signature: /s/ Terry Jennings

  Acting individually  Acting for the Court

Date: July 24, 2018
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 Labor

###### Employment and Training Administration

          - [TA-W-65,724]

Pursuant to Section 221 of the Trade Act of 1974, as amended, an investigation was initiated on April 1, 2009 in response to a worker petition filed on behalf of workers at Ryerson, Inc., Portland, Oregon.

The petitioners have requested that the petition be withdrawn. Consequently, the investigation has been terminated.

Signed at Washington, DC, this 10th day of April 2009.

Richard Church,

Certifying Officer, Division of Trade Adjustment Assistance.

[FR Doc. E9-10890 Filed 5-8-09; 8:45 am]

BILLING CODE 4510-FN-P
EXHIBIT 31.2

 

**CERTIFICATIONS**

I, John W. Swatek, certify that: 

 

| 1. | I have reviewed this quarterly report on Form 10-Q of Hanover Direct, Inc.; |
|----|-----------------------------------------------------------------------------|

 

2.   Based on my knowledge, this 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 report;

 

3.    Based on my knowledge, the financial statements, and other financial information included in this 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 report;

 

4.   The registrant's other certifying officer(s) 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 report is being prepared;

 

b.   Evaluated the effectiveness of the registrant's disclosure controls and procedures and presented in this 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

 

c.  Disclosed in this 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(s) 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 (or persons performing the equivalent functions):

 

a.  All significant deficiencies and material weaknesses in 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.

 

/s/ John W. Swatek

John W. Swatek

Senior Vice President,

Chief Financial Officer and Treasurer

 

 

Date: November 13, 2006
II 

109TH CONGRESS 

1ST SESSION S. 83 

To amend the Internal Revenue Code of 1986 to provide tax relief for 

the conversion of cooperative housing corporations into condominiums. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 24, 2005 

Mr. INOUYE introduced the following bill; which was read twice and referred 

to the Committee on Finance 

A BILL 

To amend the Internal Revenue Code of 1986 to provide 

tax relief for the conversion of cooperative housing corporations into condominiums. 

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

3 SECTION 1. NONRECOGNITION OF GAIN OR LOSS ON DIS4 TRIBUTIONS BY COOPERATIVE HOUSING 

5 CORPORATIONS. 

6 (a) IN GENERAL.—Section 216(e) of the Internal 

7 Revenue Code of 1986 (relating to distributions by cooper8 ative housing corporations) is amended to read as follows: 

9 ‘‘(e) DISTRIBUTIONS BY COOPERATIVE HOUSING

10 CORPORATIONS.— 
2 

•S 83 IS

1 ‘‘(1) IN GENERAL.—Except as provided in regu2 lations— 

3 ‘‘(A) no gain or loss shall be recognized to 

4 a cooperative housing corporation on the dis5 tribution by such corporation of a dwelling unit 

6 to a stockholder in such corporation if such dis7 tribution is in exchange for the stockholder’s 

8 stock in such corporation, and 

9 ‘‘(B) no gain or loss shall be recognized to 

10 a stockholder of such corporation on the trans11 fer of such stockholder’s stock in an exchange 

12 described in subparagraph (A). 

13 ‘‘(2) BASIS.—The basis of a dwelling unit ac14 quired in a distribution to which paragraph (1) ap15 plies shall be the same as the basis of the stock in 

16 the cooperative housing corporation for which it is 

17 exchanged, decreased in the amount of any money 

18 received by the taxpayer in such exchange. 

19 ‘‘(3) APPLICABILITY.—This subsection shall not 

20 apply with respect to any dwelling unit the basis of 

21 which includes financing under any Federal, State, 

22 or local program for the purpose of assisting the 

23 construction of affordable housing cooperatives or 

24 the conversion of rental units to affordable housing 

25 cooperatives.’’. 
3 

•S 83 IS

1 (b) EFFECTIVE DATE.—The amendment made by 

2 this section shall apply to distributions after the date of 

3 the enactment of this Act. 

Æ
The District Court of the 13th Judicial District. County of Yellowstone.

#### STATE OF MONTANA, Plaintiff, vs. JIMMY WALKER, Defendant.

CAUSE NO. DC-09-459 DECISION

On March 15, 2010, the defendant was sentenced to eight (8) years in the Montana State Prison for the offense of Count I: Criminal Possession of Dangerous Drugs, a felony. The Defendant is designated a Persistent Felony Offender for sentencing. It is recommended that the Defendant participate in rehabilitation therapy and/or Intensive Drug Treatment Program, counseling, treatment, training or aftercare programs as may be determined necessary or as recommended by the Montana State Prison treatment counseling staff.

On August 5,2010, the defendant’s application for review of that sentence was heard by the Sentence Review Division of the Montana Supreme Court.

The defendant was present and was represented by Connor Murphy. The state was represented by Deputy County Attorney, Sheila Kolar, who appeared via videoconference.

Before hearing the application, the defendant was advised that the Sentence Review Division has the authority not only to reduce the sentence or affirm it, but also increase it. The defendant was further advised that there is no appeal from a decision of the Sentence Review Division. The defendant *69acknowledged that he understood this and stated that he did not wish to proceed.

Therefore, it is the unanimous decision of the Sentence Review Division that the application for review of sentence shall be waived.

Done in open Court this 5th day of August, 2010.

DATED this 13th day of August, 2010.

Chairperson, Hon. Blair Jones, Member, Hon. Richard Simonton and Member, Hon. Ray Dayton.
**Exhibit 23.2**

CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM 

We consent to the incorporation by reference in Registration Statement Nos. 333-97063,333-06419, 333-41321, 333-67841, 333-85105, 333-107738, 333-127163,333-143820 on Form S-8 and Registration Statement Nos. 333-38105, 333-46395, 333-104277 and 333-142523 on Form S-3, of our report relating to the consolidated financial statements ofEpicor Software Corporation and subsidiaries dated March 31, 2006, appearing in this Annual Report on Form 10-K of Epicor Software Corporation and subsidiaries for the year ended December 31, 2007. 

/s/ Deloitte & Touche LLP 

Costa Mesa, California 

March 10, 2008
exv10wkv2



 










EXHIBIT 10-k-2



Schedule identifying agreements, entered into between Conexant Systems, Inc. (the “Company”) and
each of the following persons, substantially identical to the Employment Agreement constituting
Exhibit 10.5 to the Quarterly Report on Form 10-Q of the Company for the quarterly period ended
December 31, 1998.




Name




Daniel Artusi




Lewis C. Brewster




Karen Roscher