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NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

BRAIYAN ADRIAN VEJAR RODRIGUEZ,

Petitioner,

v.

MERRICK B. GARLAND, Attorney General,

Respondent. No. 19

- 71714

Agency No. A205

- 191

- 194

MEMORANDUM *

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

Submitted December 14, 2021 * *

Before: WALLACE, CLIFTON, and HURWITZ, Circuit Judges.

Braiyan Adrian Vejar Rodriguez, a native and citizen of Mexico, petitions

for review of the Board of Immigration Appeals’ (“BIA”) order denying his

motion to remand and dismissing his appeal from an immigration judge’s decision

denying his application s for asylum, withholding of removal, r elief under the

* 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

DEC 20 2021

MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS2 19

- 71714

Convention Against Torture (“CAT”), and cancellation of removal

. We have

jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the BIA’s

denial of a motion to remand. Taggar v. Holder , 736 F.3d 886, 889 (9th Cir.

2013). We deny the petition for review.

In his opening brief, Vejar Rodriguez does not raise, and therefore waives,

any challenge to the denial of his claims for asylum, withholding of removal, CAT

relief, and cancellation of removal. S ee Corro

- Barragan v. Holder , 718 F.3d 1174,

1177 n.5 (9th Cir. 2013) (failure to contest issue in opening brief resulted in

waiver).

The BIA did not abuse its discre tion in denying Vejar Rodriguez’s motion to

remand to reassess his eligibility for cancellation of removal on the ground that the

new evidence submitted was not likely to change the outcome. See Garcia v.

Holder , 621 F.3d 906, 912 (9th Cir. 2010) ( providing that a motion to reopen will

not be granted absent a showing of prima facie eligibility for relief based on

demonstrating a reasonable likelihood that the statutory requirements have been

satisfied); see also Fernandez v. Gonzales , 439 F.3d 592, 60 2

- 0 3 (9th Cir. 2006)

(court has jurisdiction to review the motion to reopen where “the evidence

submitted addresses a hardship ground so distinct from that considered previously

as to make the motion to reopen a request for new relief”).

We reject as un supported by the record Vejar Rodriguez’s contention that3 19

- 71714

the BIA engaged in impermissible factfinding or otherwise erred in its analysis of

his motion to remand.

The stay of removal remains in effect until the issuance of the mandate.

PETITION FOR REVIEW DENIED.
[Federal Register Volume 74, Number 104 (Tuesday, June 2, 2009)]
[Notices]
[Page 26483]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-12767]


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

DEPARTMENT OF THE TREASURY

Internal Revenue Service


Open Meeting of Taxpayer Advocacy Panel Notice Improvement Issue 
Committee

AGENCY: Internal Revenue Service (IRS), Treasury.

ACTION: Notice of meeting.

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

SUMMARY: An open meeting of the Taxpayer Advocacy Panel Notice 
Improvement Issue Committee will be conducted. The Taxpayer Advocacy 
Panel is soliciting public comments, ideas and suggestions on improving 
customer service at the Internal Revenue Service.

DATES: The meeting will be held Thursday, July 9, 2009 and Friday, July 
10, 2009.

FOR FURTHER INFORMATION CONTACT: Sallie Chavez at 1-888-912-1227, or 
954-423-7979.

SUPPLEMENTARY INFORMATION: Notice is hereby given pursuant to section 
10(a)(2) of the Federal Advisory Committee Act, 5 U.S.C. App. (1988) 
that an open meeting of the Taxpayer Advocacy Panel Notice Improvement 
Issue Committee will be held Thursday, July 9, 2009, from 8 a.m. to 
5:00 p.m. and Friday 8 a.m to 3 p.m. Central Time in Atlanta, GA. The 
public is invited to make oral comments or submit written statements 
for consideration. Notification of intent to participate must be made 
with Sallie Chavez. For more information please contact Ms. Chavez at 
1-888-912-1227 or 954-423-7979, or write TAP Office, 1000 South Pine 
Island Road, Suite 340, Plantation, FL 33324, or post comments to the 
Web site: http://www.improveirs.org.
    The agenda will include various IRS issues.

    Dated: May 27, 2009.
Shawn F. Collins,
Acting Director, Taxpayer Advocacy Panel.
[FR Doc. E9-12767 Filed 6-1-09; 8:45 am]
BILLING CODE 4830-01-P
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 Homeland Security

###### Federal Emergency Management Agency

          - [Docket ID FEMA-2008-0018; Internal Agency Docket No. FEMA-1823-DR] 

# AGENCY:

Federal Emergency Management Agency, DHS.

# ACTION:

Notice.

# SUMMARY:

This notice amends the notice of a major disaster declaration for the State of Oklahoma (FEMA-1823-DR), dated February 17, 2009, and related determinations.

# DATES:

*Effective Date:*                         May 18, 2009.                    

# FOR FURTHER INFORMATION CONTACT:

Peggy Miller, Disaster Assistance Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646-3886.

# SUPPLEMENTARY INFORMATION:

The Federal Emergency Management Agency (FEMA) hereby gives notice that pursuant to the authority vested in the Administrator, under Executive Order 12148, as amended, Kenneth R. Tingman of FEMA is appointed to act as the Federal Coordinating Officer for this disaster.

This action terminates the appointment of Douglas G. Mayne as Federal Coordinating Officer for this disaster.

(The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households in Presidentially Declared Disaster Areas; 97.049, Presidentially Declared Disaster Assistance—Disaster Housing Operations for Individuals and Households; 97.050, Presidentially Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.)

W. Craig Fugate,

Administrator, Federal Emergency Management Agency.

[FR Doc. E9-12177 Filed 5-22-09; 8:45 am]

BILLING CODE 9111-23-P
[Federal Register Volume 74, Number 105 (Wednesday, June 3, 2009)]
[Notices]
[Page 26765]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-12957]


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

DEPARTMENT OF THE TREASURY


Submission for OMB Review; Comment Request

May 27, 2009.
    The Department of the Treasury will submit the following public 
information collection requirement(s) to OMB for review and clearance 
under the Paperwork Reduction Act of 1995, Public Law 104-13 on or 
after the date of publication of this notice. Copies of the 
submission(s) may be obtained by calling the Treasury Bureau Clearance 
Officer listed. Comments regarding this information collection should 
be addressed to the OMB reviewer listed and to the Treasury Department 
Clearance Officer, Department of the Treasury, Room 11000, 1750 
Pennsylvania Avenue, NW., Washington, DC 20220.

DATES: Written comments should be received on or before July 6, 2009 to 
be assured of consideration.

Financial Management Service (FMS)

    OMB Number: 1510-0037.
    Type of Review: Extension.
    Form: TFS 5135.
    Title: Voucher for Payment of Awards.
    Description: Awards certified to Treasury are paid annually as 
funds are received from foreign governments. Vouchers are mailed to 
award holders showing payments due. Award holders sign vouchers 
certifying that he/she is entitled to payment.
    Respondents: Individuals or households.
    Estimated Total Burden Hours: 700 hours.

    OMB Number: 1510-0043.
    Type of Review: Extension.
    Form: FMS-133, FMS-135.
    Title: Notice of Reclamation and Debit Request for Recurring 
Benefit Payments.
    Description: A program agency authorizes Treasury to recover 
payments that have been issued after the death of the beneficiary. FMS 
Form 133 is used to notify the FI. If the FI does not respond to the 
133, a debit request (Form 135) is sent to the FRB.
    Respondents: Businesses or other for-profit institutions.
    Estimated Total Burden Hours: 79,335 hours.

    OMB Number: 1510-0045.
    Type of Review: Extension.
    Form: FMS-150-1, FMS-150-2.
    Title: Trace Request for EFT Payments.
    Description: Used to notify the FI that a beneficiary has claimed 
non-receipt of credit for a payment. The form is designed to help the 
FI locate any problem and to keep the beneficiary informed of any 
action taken.
    Respondents: Businesses or other for-profit institutions.
    Estimated Total Burden Hours: 17,971 hours.
    Clearance Officer: Wesley Powe, (202) 874-7662, Financial 
Management Service, Room 135, 3700 East West Highway, Hyattsville, MD 
20782.
    OMB Reviewer: Shagufta Ahmed, (202) 395-7873, Office of Management 
and Budget, Room 10235, New Executive Office Building, Washington, DC 
20503.

Celina Elphage,
Treasury PRA Clearance Officer.
[FR Doc. E9-12957 Filed 6-2-09; 8:45 am]
BILLING CODE 4810-35-P
II 

109TH CONGRESS 

1ST SESSION S. 995 

To amend the Intermodal Surface Transportation Efficiency Act of 1991 

to designate the La Entrada al Pacifico Corridor in the State of Texas 

as a high priority corridor on the National Highway System. 

IN THE SENATE OF THE UNITED STATES 

MAY 11, 2005 

Mr. CORNYN (for himself and Mrs. HUTCHISON) introduced the following bill; 

which was read twice and referred to the Committee on Environment and 

Public Works 

A BILL 

To amend the Intermodal Surface Transportation Efficiency 

Act of 1991 to designate the La Entrada al Pacifico 

Corridor in the State of Texas as a high priority corridor 

on the National Highway System. 

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

3 SECTION 1. LA ENTRADA AL PACIFICO CORRIDOR, TEXAS. 

4 Section 1105(c) of the Intermodal Surface Transpor5 tation Efficiency Act of 1991 (105 Stat. 2032) is amended 

6 by adding at the end the following: 

7 ‘‘(46) In the State of Texas, the La Entrada al 

8 Pacifico Corridor consisting of any portion of a high-
2 

•S 995 IS

1 way in a corridor on 2 miles of either side of the 

2 center line of the highway and— 

3 ‘‘(A) State Route 349 from Lamesa to the 

4 point on that highway that is closest to 32 de5 grees, 7 minutes, north latitude, by 102 de6 grees, 6 minutes, west longitude; 

7 ‘‘(B) the segment of any roadway extend8 ing from the point described by subparagraph 

9 (A) to the point on Farm-to-Market Road 1788 

10 closest to 32 degrees, 0 minutes, north latitude, 

11 by 102 degrees, 16 minutes, west longitude; 

12 ‘‘(C) Farm-to-Market Road 1788 from the 

13 point described by subparagraph (B) to its 

14 intersection with Interstate Route 20; 

15 ‘‘(D) Interstate Route 20 from its intersec16 tion with Farm-to-Market Road 1788 to its 

17 intersection with United States Route 385; 

18 ‘‘(E) United States Route 385 from Odes19 sa to Fort Stockton, including those portions 

20 that parallel United States Route 67 and Inter21 state Route 10; and 

22 ‘‘(F) United States Route 67 from Fort 

23 Stockton to Presidio, including those portions 
3 

•S 995 IS

1 that parallel Interstate Route 10 and United 

2 States Route 90.’’. 

Æ
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# AFRI Food Security Challenge Area

###### Share

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The AFRI Food Security Challenge Area focuses on the societal challenge to keep American agriculture competitive and end world hunger by ensuring the availability and accessibility of safe and nutritious food.

**Note: This program has been combined into the AFRI Water for Food Production Systems Challenge Area in FY 2017.**By 2050 world food supplies will need to double from current levels to sustain an estimated population of nine billion people. The United States will not have to meet that challenge alone since other nations currently account for approximately 80 percent of global livestock and grain production. However, it is clear that U.S. food production will have to increase substantially for the world to meet the demand for food in 2050. The long-term goal of the AFRI Food Security Challenge Area is to sustainably increase agricultural productivity and the availability and accessibility of safe and nutritious food.

AFRI Annual Review

Global Food Security

Plants

Animals

Sustainable Agriculture

Local and Regional Food Systems
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<BONDS>                                              0
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</TABLE>
Exhibit 31.1





                            CERTIFICATION PURSUANT TO
    SECURITIES EXCHANGE ACT OF 1934: RULES 13a-14, 13a-15, 15d-14, and 15d-15
                  SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002

I , Thomas P. Raabe, certify that:

1.   I have reviewed this quarterly  report on Form 10-QSB of Arete  Industries,
     Inc.

2.   Based on my knowledge,  this  quarterly  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 quarterly report;

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

4.   I am responsible for establishing and maintaining  disclosure  controls and
     procedures  (as  defined in Exchange  Act Rules  13a-14 and 15d-14) for the
     registrant and have:

     a)   designed  such  disclosure  controls  and  procedures  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  quarterly
          report  is being  prepared;

     b)   evaluated the  effectiveness of the registrant's  disclosure  controls
          and procedures as of a date within 90 days prior to the filing date of
          this quarterly report (the "Evaluation Date"); and

     c)   presented  in  this  quarterly   report  my   conclusions   about  the
          effectiveness  of the disclosure  controls and procedures  based on my
          evaluation as of the Evaluation Date;

5.   I have disclosed,  based on my most recent evaluation,  to the registrant's
     auditors and the audit  committee of  registrant's  board of directors  (or
     persons performing the equivalent functions):

     a)   all  significant  deficiencies  in the design or operation of internal
          controls  which could  adversely  affect the  registrant's  ability to
          record,  process,   summarize  and  report  financial  data  and  have
          identified for the  registrant's  auditors any material  weaknesses in
          internal controls; and

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


Dated: November 18, 2004                     By:  /s/ Thomas P. Raabe
                                                 -------------------------------
                                                 Chief Executive Officer and
                                                 Interim Chief Financial Officer
EXHIBIT 31.2
                                CERTIFICATION

I, W. Douglas Caudell certify that:

1. I have reviewed this quarterly report on Form 10-QSB of YoCream
International, Inc. (the small business issuer);

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 small
business issuer as of, and for, the periods presented in this report;

4. The small business issuer'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)) and have:

a) Designed such disclosure controls and procedures to ensure that material
information relating to the small business issuer, 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 small business issuers 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 small business issuers internal
control over financial reporting that occurred during the small business
issuers most recent fiscal quarter (small business issuers fourth quarter in
the case of an annual report) that has materially affected, or is reasonably
likely to materially affect, the small business issuers internal control over
financial reporting; and

5. The small business issuer's other certifying officer and I have disclosed,
based on our most recent evaluation of internal control over financial
reporting, to the small business issuers auditors and the audit committee of
small business issuers board of directors (or persons performing the equivalent
function):

a) All significant deficiencies in the design or operation of internal controls
over financial reporting which are reasonably likely to adversely affect the
small business issuers 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 small business issuer's internal
controls over financial reporting.


/s/ W. Douglas Caudell                                Dated:  March 17, 2005
----------------------
W. Douglas Caudell, Chief Financial Officer
EXHIBIT 32.1


CERTIFICATION PURSUANT TO


18 U.S.C. SECTION 1350,


AS ADOPTED PURSUANT TO


SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002





Pursuant to 18 U.S.C. § 1350, as adopted pursuant to Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, the undersigned hereby certifies that the Annual Report on Form 10-K for the year ended December 31, 2010 of Southern Bella, Inc. (the “Company”) fully complies with the requirements of Section 13(a) or Section 15(d) of the Securities Exchange Act of 1934 and that the information contained in such Report fairly presents, in all material respects, the financial condition and results of operations of the Company.





(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.





/s/ Michael Davis





Michael Davis


Chief Executive Officer


Chief Financial Officer










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