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NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

JUAN JOSE SACCHE,

Petitioner,

v.
MERRICK B. GARLAND, Attorney General,

Respondent. No. 16

- 71545

Agency No. A095

- 805

- 609

MEMORANDUM *

On Petition for Review of an Order of the Board of Immigration Appeals

Submitted July 12, 2022 * *

Before: SCHROEDER, R. NELSON, and VANDYKE, Circuit Judges.

Juan Jose Sacche , a native and citizen of Guatemala , petitions pro se for

review of the Board of I mmigration Appeals’ (“BIA”) order dismissing his appeal

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

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

* 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

JUL 19 2022

MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS2 16

- 71545

Our jurisdiction is governed by 8 U.S.C § 125 2. We review for substantial

evidence the agency’s factual findings. Silaya v. Mukasey , 524 F.3d 1066, 1070

(9th Cir. 2008). We deny in part and dismiss in part the petition for review.

In his opening brief, Sacche does not raise and therefore waive s an y
challenge to the BIA’s determination that his asylum application was untimely

.

See Lopez

- Vasquez v. Holder , 706 F.3d 1072, 1079

- 80 (9th Cir. 2013) (issues not

specifically raised and argued in a party’s opening brief are waived). Thus, we

deny the peti tion for review as to Sacche’s asylum claim.

Sacche also does not raise and therefore waive s any challenge to the BIA’s

determination that the harm he suffered did not rise to the level of persecution

. See

id. Substantial evidence supports the BIA’s determination that Sacche failed to

establish a clear probability of future persecution because he did not demonstrate

that he could not reasonably relocate within Guatemala

. See 8 C.F.R.

§ 120 8 .16(b) (2)

- (3) ; Lanza v. Ashcroft , 389 F.3d 917, 934

- 35 (9th Cir. 2004 )

. Thus, Sacche’s withholding of removal claim fails.

Substantial evidence supports the agency’s denial of CAT relief because

Sacche failed to show it is more likely than not he would be tortured by or with the

consent or acquiescence of the government if returned to Guatemala

. See Aden v.

Holder , 589 F.3d 1040, 1047 (9th Cir. 2009)

.3 16

- 71545

We lack jurisdiction to consider Sacche ’ s contentions regarding political

opinion, cancellation of removal
, adjustment of s tatus , and other discretionary

relief because these issues were not presented to the agency

. See Barron v.

Ashcroft , 358 F.3d 674, 677

- 78 (9th Cir. 2004) (petitioner must exhaust issues or

claims in administrative proceedings below).

PETITION FOR REVIEW DENIED in part; DISMISSED in part

.
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 775 Enrolled Bill (ENR)]

        S.775

                       One Hundred Ninth Congress

                                 of the

                        United States of America

                          AT THE FIRST SESSION

          Begun and held at the City of Washington on Tuesday,
            the fourth day of January, two thousand and five

                                 An Act

 
To designate the facility of the United States Postal Service located at 
123 W. 7th Street in Holdenville, Oklahoma, as the ``Boone Pickens Post 
                                Office''.

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

SECTION 1. BOONE PICKENS POST OFFICE.

    (a) Designation.--The facility of the United States Postal Service 
located at 123 W. 7th Street in Holdenville, Oklahoma, shall be known 
and designated as the ``Boone Pickens Post Office''.
    (b) References.--Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the facility referred to 
in subsection (a) shall be deemed to be a reference to the ``Boone 
Pickens Post Office''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
```
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<RECEIVABLES>                                   245433
<ALLOWANCES>                                      8000
<INVENTORY>                                          0
<CURRENT-ASSETS>                                310725
<PP&E>                                          337527
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<TOTAL-ASSETS>                                 2000405
<CURRENT-LIABILITIES>                          2408759
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                     750000
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<OTHER-SE>                                     3916718
<TOTAL-LIABILITY-AND-EQUITY>                   2000405
<SALES>                                         967260
<TOTAL-REVENUES>                                967260
<CGS>                                           822028
<TOTAL-COSTS>                                  1043809
<OTHER-EXPENSES>                                205279
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               16502
<INCOME-PRETAX>                                (77549)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                               (1126162)
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (1213771)
<EPS-PRIMARY>                                   (.132)
<EPS-DILUTED>                                        0
        

</TABLE>
<PAGE>

Exhibit 10.4

                               AMENDMENT NUMBER 3

         WHEREAS, Hanover Direct, Inc. (the "Company") maintains the Hanover
Direct, Inc. Key Executive Eighteen Month Compensation Continuation Plan (the
"Plan"); and

         WHEREAS, pursuant to Section 9 of the Plan, the Company's Board of
Directors (the "Board") has the right at any time to amend the Plan (except
under certain circumstances set forth in said Section 9 which are not applicable
in the instant case); and

         WHEREAS, the Board now desires to amend the Plan to reflect the
reorganization of the Company's subsidiaries which occurred on December 28,
2002;

         NOW, THEREFORE, the Plan is hereby amended, effective as of December
28, 2002, as follows:

         FIRST: The Plan is hereby amended by deleting Appendix A thereto in its
entirety and by substituting the following therefore:

                                   "APPENDIX A

<TABLE>
<CAPTION>
LEGAL ENTITY                        FEDERAL IDENTIFICATION NUMBER
------------                        -----------------------------
<S>                                 <C>
American Down & Textile, LLC        01-0757279
Brawn of California, Inc.           95-2908436
Clearance World Outlets, LLC        22-3700615
D.M. Advertising, LLC               22-3760990
Domestications, LLC                 54-1893520
Gump's By Mail, Inc.                94-3222698
Gump's Corp.                        22-3236243
Hanover Company Store, LLC          22-3579201
Hanover Gifts, Inc.                 22-3776438
Hanover Home Fashions Group, LLC    54-1893519
Hanover Realty, Inc.                22-3248825
Keystone Internet Services, LLC     01-0757274
</TABLE>
<PAGE>
<TABLE>
<S>                                 <C>
La Crosse Fulfillment, LLC          22-3700603
Scandia Down, LLC                   22-3652293
Silhouettes, LLC                    22-3579197
The Company Office, Inc.            39-1766577
The Company Store Factory, Inc.     39-1766578
The Company Store Group, LLC        01-0757269
The Horn & Hardart Company, Inc.    13-2770055"
</TABLE>

         SECOND: Except to the extent hereinabove set forth, the Plan shall
remain in full force and effect without change or modification.

         IN WITNESS WHEREOF, and as evidence of the adoption of the foregoing,
the Company has caused this Amendment Number 3 to be executed by a duly
authorized officer this 4th day of November, 2003.

                                   HANOVER DIRECT, INC.


                                   By: /s/ Brian C. Harriss
                                       -----------------------

                                   Name: Brian C. Harriss

                                   Title: EVP HR & Legal

                                       2
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 7 Introduced in Senate (IS)]

109th CONGRESS
  1st Session
                                  S. 7

 To increase American jobs and economic growth by making permanent the 
  individual income tax rate reductions, the reduction in the capital 
 gains and dividend tax rates, and the repeal of the estate, gift, and 
                  generation-skipping transfer taxes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            January 24, 2005

    Mr. Kyl (for himself, Mr. Frist, Mr. DeMint, and Mr. McConnell) 
introduced the following bill; which was read twice and referred to the 
                          Committee on Finance

_______________________________________________________________________

                                 A BILL

 
 To increase American jobs and economic growth by making permanent the 
  individual income tax rate reductions, the reduction in the capital 
 gains and dividend tax rates, and the repeal of the estate, gift, and 
                  generation-skipping transfer taxes.

    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 ``Jobs and Growth Tax Relief Act of 
2005''.

SEC. 2. REDUCTIONS IN INDIVIDUAL INCOME TAX RATES MADE PERMANENT.

    Section 901 of the Economic Growth and Tax Relief and 
Reconciliation Act of 2001 (relating to sunset provisions) shall not 
apply to title I of such Act (relating to individual income tax rate 
reductions).

SEC. 3. REDUCTIONS IN INDIVIDUAL CAPITAL GAINS AND DIVIDENDS TAX RATE 
              MADE PERMANENT.

    Section 303 of the Jobs and Growth Tax Relief Reconciliation Act of 
2003 (relating to sunset of title) is repealed.

SEC. 4. PERMANENT REPEAL OF ESTATE TAXES.

    Section 901 of the Economic Growth and Tax Relief Reconciliation 
Act of 2001 (relating to sunset provisions) shall not apply to title V 
of such Act (relating to estate, gift, and generation-skipping transfer 
tax provision), and such section 901 shall be applied without regard to 
subsection (a)(2) or any other reference to estates, gifts, or 
transfers.
                                 <all>
```
*October 26, 2023*

**Facebook****Email**Print**Facebook****Email

The NIH (including NIAMS) and FNIH hosted a two-day workshop on the future of regenerative medicine and cell-based therapies on November 6 and 7, 2023. Cellular Regenerative therapy seeks to treat diseases, restore normal cellular and organ structure and function, and provide long-standing benefits to patients using products such as pluripotent stem cells, engineered biomaterials and gene editing. This 2-day workshop aimed to understand the experiences of investigators with regenerative medicine research projects, identify activities that will help accelerate collaborative research and regulation, and refine topics for inclusion in a potential public-private partnership effort focused on cellular therapies within the Accelerating Medicines Partnership through the FNIH.

Watch the workshop on the NIH videocast:
                    - Day one  (November 6, 2023)
                    - Day two  (November 7, 2023)

**Facebook****Email**Print**Facebook****Email
<PAGE>

                                                                EXHIBIT 31.2
                                                                ------------

                                CERTIFICATION

         I, Kevin Schott, certify that:

         1. I have reviewed this annual report on Form 10-K of Zoltek
Companies, 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. I am 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 my supervision,
to ensure that material information relating to the registrant, including
its consolidated subsidiaries, is made known to me by others within those
entities, particularly during the period in which this quarterly report is
being prepared;

         (b) Evaluated the effectiveness of the registrant's disclosure
controls and procedures and presented in this report my conclusions about
the effectiveness of the disclosure controls and procedures, as of the end
of the period covered by this quarterly 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 that has materially affected, or is
reasonably likely to materially affect, the registrant's internal control
over financial reporting; and

         5. I have disclosed, based on my 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.

Date:  December 29, 2004

                                       By: /s/  Kevin Schott
                                           -------------------------------
                                                Kevin Schott
                                                Chief Financial Officer
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1

The Honorable William R. Wilson, Jr., United States District Judge for the

Eastern District of Arkansas. 

United States Court of Appeals

FOR THE EIGHTH CIRCUIT

___________

No. 05-3136

___________

John E. Searcy, III, *

*

Appellant, *

* Appeal from the United States

v. * District Court for the

* Eastern District of Arkansas.

Warren Newman, individually and in *

his official capacity as Special Agent of * [UNPUBLISHED]

Alcohol, Tobacco & Firearms, *

*

Appellee. *

___________

Submitted: August 7, 2006

Filed: August 18, 2006

___________

Before MURPHY, BYE, and MELLOY, Circuit Judges.

___________

PER CURIAM.

John Searcy appeals the district court’s1

 adverse grant of summary judgment

in his suit under Bivens v. Six Unknown Named Agents, 403 U.S. 388 (1971).

Following de novo review, see Evers v. Alliant Techsystems, Inc., 241 F.3d 948, 953

(8th Cir. 2001) (standard of review), we agree with the district court and affirm. See

8th Cir. R. 47B.
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#### Yasmin NOORANI, Petitioner v. Eric H. HOLDER, Jr., U.S. Attorney General, Respondent.

No. 08-60231

Summary Calendar.

United States Court of Appeals, Fifth Circuit.

May 4, 2009.

Sarfraz Aftab Sharif, Sharif & Associates, Houston, TX, for Petitioner.

Thomas Ward Hussey, Director, Norah Ascoli Schwarz, Edward C. Durant, Joan H. Hogan, U.S. Department of Justice, Office of Immigration Litigation, Washington, DC, Sharon A. Hudson, U.S. Citizen*369ship & Immigration Services, Houston, TX, for Respondent.

Before DAVIS, GARZA, and PRADO, Circuit Judges.

PER CURIAM: *

Yasmin Noorani, a native and citizen of Pakistan, petitions for review of the Board of Immigration Appeals’ (“BIA”) dismissal of her appeal of the denial of her application for the withholding of removal. Noorani does not challenge the denial of relief under the Convention Against Torture in her petition before this court. The issue is therefore deemed abandoned. *See Soadjede v. Ashcroft,*324 F.3d 830, 833 (5th Cir.2003).

When, as here, the BIA agrees with the immigration judge’s (“IJ”) determination that the applicant is not credible without rejecting any of the IJ’s grounds for decision this court reviews both the BIA’s and the IJ’s opinions, including portions of the IJ’s decision not explicitly discussed by the BIA. *Yun-Zui v. Gonzales,*432 F.3d 391, 394 (2d Cir.2005); *see also Chun v. INS,*40 F.3d 76, 78 (5th Cir.1994) (this court may review credibility finding made by the IJ if adopted by the BIA). This court reviews the factual findings for substantial evidence. *Zhu v. Gonzales,*493 F.3d 588, 594 (5th Cir.2007). Under the substantial evidence standard, a petition for review will not be granted unless this court decides “not only that the evidence supports a contrary conclusion, but also that the evidence compels it.” *Chen v. Gonzales,*470 F.3d 1131, 1134 (5th Cir.2006) (internal quotations and citation omitted).

Contrary to Noorani’s contentions, there is substantial evidence to support the IJ’s credibility determinations. Noorani’s assertions regarding the status of the Pakistan People’s Party (“PPP”) was in conflict with the evidence in the Country Reports. Further, Noorani’s own testimony regarding her husband’s participation in the PPP was both internally inconsistent and in direct conflict with her application. Although it is arguable that the IJ misspoke when he stated that the lack of corroborating evidence impeached Noorani’s credibility, the IJ correctly applied the law as it related to the requirements of 8 U.S.C. § 1158(b)(l)(B)(i), (ii). Accordingly, the petition for review is DENIED. *See Chen,*470 F.3d at 1134.

*

**Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.