alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 08-60112

Summary Calendar

ADOLFO HEREDIA-ARROYO,

Petitioner

v.

ERIC H. HOLDER, JR., U. S. ATTORNEY GENERAL,

Respondent

Petition for Review of an Order of the

Board of Immigration Appeals

BIA No. A19 022 460

Before KING, BENAVIDES, and ELROD, Circuit Judges.

PER CURIAM:

*

Adolfo Heredia-Arroyo (Heredia), a native and citizen of Mexico, petitions

for review of an order of the Board of Immigration Appeals (BIA). The BIA

found Heredia ineligible for cancellation of removal because his 1997 Texas

conviction of possession of marijuana constituted an aggravated felony for

purposes of immigration law.

Because none of Heredia’s Texas drug convictions were based upon the fact

of a prior conviction, the BIA erred by determining that he had committed an

United States Court of Appeals

Fifth Circuit

F I L E D

December 2, 2010

Lyle W. Cayce

Clerk

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.

Case: 08-60112 Document: 00511309648 Page: 1 Date Filed: 12/02/2010
No. 08-60112

aggravated felony and that, as a result, he was ineligible for cancellation of

removal. See Carachuri-Rosendo v. Holder, 130 S. Ct. 2577, 2580 (2010).

Heredia’s petition for review is GRANTED. The order of the BIA is VACATED,

and the case is REMANDED to allow him to pursue cancellation of removal in

light of the Supreme Court’s ruling in Carachuri-Rosendo.

2

Case: 08-60112 Document: 00511309648 Page: 2 Date Filed: 12/02/2010
#### Mahmoud Diarassouba, Respondent, v Spencer Lubin et al., Appellants.

Submitted July 2, 2012;

decided September 13, 2012

Motion for leave to appeal dismissed as untimely *(see*CPLR 5513 [b]).
WARNING: THE EDGAR SYSTEM ENCOUNTERED ERROR(S) WHILE PROCESSING THIS SCHEDULE.

<TABLE> <S> <C>

<LEGEND> THE SCHEDULE CONTAINS SUMMARY FINANCIAL
INFORMATION EXTRACTED FROM THE CORPORATIONS FINANCIAL
STATEMENTS FOR THE QUARTER ENDED SEPTEMBER 30, 2000, AND
IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH
FINANCIAL STATEMENTS.

      <MULTIPLIER> 1

      <S>                           <C>
      <PERIOD-TYPE>                     QUARTER
      <FISCAL-YEAR-END>             DEC-31-1999
      <PERIOD-END>                 SEPT-30-2000
      <CASH>                                343
      <SECURITIES>                        2,000
      <RECEIVABLES>                           0
      <ALLOWANCES>                            0
      <INVENTORY>                     1,450,000
      <CURRENT ASSETS>                        0
      <PP&E>                                  0
      <DEPRECIATION>                          0
      <TOTAL ASSETS>                  1,452,343
      <CURRENT-LIABILITIES>           1,199,631
      <BONDS>                                 0
      <PREFERRED-MANDATORY>                   0
      <PREFERRED>                             0
      <COMMON>                            2,419
      <OTHER-SE>                        250,293
      <TOTAL-LIABILITY-AND-EQUITY>    1,452,343
      <SALES>                                 0
      <TOTAL-REVENUES>                        0
      <CGS>                                   0
      <TOTAL COSTS>                           0
      <OTHER EXPENSES>                   99,881
     <LOSS PROVISION>                         0
      <INTEREST EXPENSE>                 80,342
      <INCOME PRETAX>                  (180,223)
      <INCOME-TAX>                            0
      <INCOME CONTINUING>                     0
      <DISCONTINUED>                          0
      <EXTRAORDINARY>                         0
      <CHANGES>                               0
      <NET-INCOME>                     (180,223)
      <EPS-BASIC>                       (.007)
      <EPS-DILUTED>                       (.007)
#### In the Matter of Town of North Hempstead, Appellant, v County of Nassau et al., Respondents.

Decided April 30, 2013

*910Appeal dismissed, without costs, by the Court of Appeals, sua sponte, upon the ground that no substantial constitutional question is directly involved.
#### The People of the State of New York, Respondent, v William Barnett, Appellant.

[823 NYS2d 116]

Judgment, Supreme Court, New York County (James A. Yates, J.), rendered on or about January 27, 2003, unanimously affirmed. No opinion. Order filed. Concur—Saxe, J.P., Sullivan, Williams, Gonzalez and Catterson, JJ.
Exhibit
      32.2




CERTIFICATION
      ACCOMPANYING PERIODIC REPORT PURSUANT TO


SECTION
      906 OF THE SARBANES-OXLEY ACT OF 2002


CERTIFICATION
      OF CHIEF FINANCIAL OFFICER




The
      undersigned, Michael McDonald, Chief Financial Officer of The Fairchild
      Corporation (“Company”), hereby certifies that (1) the Annual Report of the
      Company on Form 10-K for the Annual Period Ended September 30, 2006 (the
“Report”) fully complies with the requirements of Section 13(a) 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 the
      results of operations of the Company.






Date:
      August 13, 2007






/s/
      MICHAEL MCDONALD


Michael
      McDonald


Senior
      Vice President and Chief Financial Officer
II 

111TH CONGRESS 

1ST SESSION S. 335 

To amend part D of title IV of the Social Security Act to repeal a fee 

imposed by States on certain child support collections. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 27, 2009 

Mrs. GILLIBRAND introduced the following bill; which was read twice and 

referred to the Committee on Finance 

A BILL 

To amend part D of title IV of the Social Security Act 

to repeal a fee imposed by States on certain child support collections. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Elimination of the Sin5 gle Parent Tax Act of 2009’’. 


pwalker on PROD1PC71 with BILLS
2 

•S 335 IS

1 SEC. 2. REPEAL OF REQUIREMENT THAT STATES IMPOSE 

2 MANDATORY FEE FOR SUCCESSFUL CHILD 

3 SUPPORT COLLECTION FOR FAMILY THAT 

4 HAS NEVER RECEIVED TANF. 

5 Section 454(6)(B) of the Social Security Act (42 

6 U.S.C. 654(6)(B)) is amended— 

7 (1) by striking ‘‘(i)’’; 

8 (2) by striking clause (ii); and 

9 (3) by redesignating subclauses (I) and (II) as 

10 clauses (i) and (ii), respectively. 

Æ 


pwalker on PROD1PC71 with BILLS
Exhibit 32(h)

CERTIFICATION PURSUANT TO
18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002





|(1) | The Annual Report on Form 10-K of the Company for the year ended December 31, 2006 (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 results of operations of the Company as of the dates and for the periods presented in the Report.









|/s/ E. Renae ConleyE. Renae Conley
Chair of the Board, President, and Chief Executive
Officer of Entergy Louisiana, LLC
|-----------------------------------------------------------------------------------------------------------------------



Date:	March 1, 2007
# EXHIBIT 32.1

# CERTIFICATION ACCOMPANYING PERIODIC REPORT PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 CERTIFICATION OF CHIEF EXECUTIVE OFFICER









The undersigned, Jeffrey J. Steiner, Chief Executive Officer of The Fairchild Corporation (Company), hereby certifies that (1) the Annual Report of the Company on Form 10-K for the Annual Period Ended September 30, 2005 (the Report) fully complies with the requirements of Section 13(a) 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 the results of operations of the Company.

Date: December 29, 2005

/s/ JEFFREY J. STEINER Jeffrey J. Steiner Chairman of the Board and Chief Executive Officer



# Exhibit 32.2

# CERTIFICATION ACCOMPANYING PERIODIC REPORT PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 CERTIFICATION OF CHIEF FINANCIAL OFFICER









The undersigned, James G. Fox, Chief Financial Officer of The Fairchild Corporation (Company), hereby certifies that (1) the Annual Report of the Company on Form 10-K for the Annual Period Ended September 30, 2005 (the Report) fully complies with the requirements of Section 13(a) 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 the results of operations of the Company.

Date: December 29, 2005

/s/ James G. Fox John L. Flynn Chief Financial Officer and Senior Vice President, Finance
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               SEP-30-1997
<CASH>                                         131,952
<SECURITIES>                                         0
<RECEIVABLES>                                2,505,747
<ALLOWANCES>                                 (134,926)
<INVENTORY>                                     29,794
<CURRENT-ASSETS>                             1,761,040
<PP&E>                                         913,542
<DEPRECIATION>                               (589,144)
<TOTAL-ASSETS>                               3,001,942
<CURRENT-LIABILITIES>                        1,781,746
<BONDS>                                        783,046
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       370,000
<OTHER-SE>                                      67,150
<TOTAL-LIABILITY-AND-EQUITY>                 3,001,042
<SALES>                                      2,397,471
<TOTAL-REVENUES>                             2,397,471
<CGS>                                          837,435
<TOTAL-COSTS>                                2,071,200
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                               166,942
<INTEREST-EXPENSE>                              52,897
<INCOME-PRETAX>                                106,432
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   106,432
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        

</TABLE>
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
     This schedule contains summary financial information extracted from the 
     financial statements contained in the Regitrant's Quarterly Report on Form
     10-QSB for the period ended March 31, 1997 and is qualified in its 
     entirety by reference to such financial statements.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                              DEC-31-1997
<PERIOD-START>                                 JAN-01-1997
<PERIOD-END>                                   MAR-31-1997
<CASH>                                              60,848
<SECURITIES>                                             0
<RECEIVABLES>                                       17,018
<ALLOWANCES>                                         8,509
<INVENTORY>                                              0
<CURRENT-ASSETS>                                    69,357
<PP&E>                                                   0
<DEPRECIATION>                                           0
<TOTAL-ASSETS>                                      76,244
<CURRENT-LIABILITIES>                               63,685
<BONDS>                                                  0
<PREFERRED-MANDATORY>                                    0
<PREFERRED>                                              0
<COMMON>                                               312
<OTHER-SE>                                         911,770
<TOTAL-LIABILITY-AND-EQUITY>                        76,244
<SALES>                                                  0
<TOTAL-REVENUES>                                     1,392
<CGS>                                                    0
<TOTAL-COSTS>                                            0
<OTHER-EXPENSES>                                    13,880
<LOSS-PROVISION>                                       158
<INTEREST-EXPENSE>                                   1,070
<INCOME-PRETAX>                                   (13,716)
<INCOME-TAX>                                             0
<INCOME-CONTINUING>                               (13,716)
<DISCONTINUED>                                           0
<EXTRAORDINARY>                                          0
<CHANGES>                                                0
<NET-INCOME>                                      (13,716)
<EPS-PRIMARY>                                       (.005)
<EPS-DILUTED>                                       (.005)
        


</TABLE>
#### Richard E. Aebly, Respondent, v Regan Lally, Appellant.

[975 NYS2d 891]

In an action for a divorce and ancillary relief, the defendant appeals, by permission, from an order of the Supreme Court, Nassau County (Palmieri, J.), dated October 13, 2011, which, sua sponte, appointed a temporary receiver.

Ordered that the appeal is dismissed, without costs or disbursements.

The appeal from the intermediate order must be dismissed because the right of direct appeal therefrom terminated with the entry of judgment in the action on May 16, 2012 *(see Matter of Aho,*39 NY2d 241, 248 [1976]). The issues raised on the appeal from the order are brought up for review and have been considered on the appeal from that judgment *(see*CPLR 5501 [a] [1]; *Aebly v Lally*112 AD3d 561 [2013] [decided herewith]). Skelos, J.P, Hall, Cohen and Hinds-Radix, JJ., concur.
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-65,632]

Pursuant to Section 221 of the Trade Act of 1974, as amended, an investigation was initiated on March 18, 2009 in response to a worker petition filed by workers of Duct Sox Corporation, a subsidiary of Rite Hite, Dubuque, Iowa.

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

Signed at Washington, DC, this 19th day of May 2009.

Elliott S. Kushner,

Certifying Officer, Division of Trade Adjustment Assistance.

[FR Doc. E9-13894 Filed 6-12-09; 8:45 am]

BILLING CODE 4510-FN-P
#### Office of Disciplinary Counsel *v.*Cicero.

[Cite as *Disciplinary Counsel v. Cicero*(1997), 78 Ohio St.3d 351.]

(No. 96-1432

Submitted January 7, 1997

Decided May 14, 1997.)

*352
      *Geoffrey Stem,*Disciplinary Counsel, *Alvin E. Mathews*and *Sally Ann Steuk,*Assistant Disciplinary Counsel; and *Samuel B. Weiner,*for relator.

*Andrew W. Cecil, Karl H. Schneider*and *Lewis W. Dye,*for respondent.

*Per Curiam.*

Relator objects to the board’s report in two significant respects. Relator’s first objection is that the board erred in finding that the relator did not file an amended complaint adding a DR 1-102(A)(4) violation to count one. Relator’s next objection is that the board erred in failing to find a DR 9-101(C) violation under the facts presented at the hearings. Because of a lack of clear and convincing evidence to support either violation, we overrule both the relator’s objections.

*353We adopt the findings of fact and conclusions of law of the board, but impose a more stringent sanction of a one-year suspension from the practice of law based on the gravity of respondent’s disciplinary violations. Costs taxed to respondent.

*Judgment accordingly.*

Moyer, C.J., Cook and Glasser, JJ., concur.

Resnick, J., concurs in judgment only.

Douglas, F.E. Sweeney and Pfeifer, JJ., dissent and would adopt the recommendations of the panel and the board.

George M. Glasser, J., of the Sixth Appellate District, sitting for Lundberg Stratton, J.
NAL J,
Axo No,

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Ne comm”?
SEP 28 2007
Leaford Bearskin, Chief
Wyandotte Nation
P.O. Box 250

Wyandotte, OK 74370
Re: Wyandotte Nation Gaming Ordinance
Dear Chief Bearskin,

As you are aware, on July 6, 2006, the United States District Court for the District of
Kansas overturned that part of a National Indian Gaming Commission (NIGC or
Commission) Final Decision which disapproved the Tribe’s Amended Gaming Ordinance
on the basis that the Shriner Tract, a parcel of land owned by the Wyandotte Tribe
(Tribe), did not qualify for gaming under the settlement of a land claim exception to the
general prohibition on gaming on lands acquired in trust after October 17, 1988. The
District Court remanded the decision to the NIGC. Consistent with the District Court’s
decision, we hereby approve the Amended Gaming Ordinance.

This case began when the Tribe submitted an Amended Gaming Ordinance to the NIGC
Chairman which specifically named the Shriner Tract as land upon which the Tribe
intended to game. The Tribe argued that the Shriner Tract met three of the exceptions to
the Indian Gaming Regulatory Act’s general prohibition of gaming on lands acquired in
trust after October 17, 1988: the restored lands exception, the last reservation exception,
and the settlement of a land claim exception.

The NIGC Office of General Counsel (OGC) issued an opinion which found the land did
not qualify for gaming under those exceptions. On September 19, 2004, the Commission
issued its Final Decision which agreed with the OGC opinion and denied the Tribe’s
request for approval of its Amended Gaming Ordinance.

The Tribe then filed suit in federal court challenging the Final Decision. The District
Court affirmed the Final Decision with respect to the restored lands and last reservation
exception, but overturned the Final Decision with respect to the settlement of a land
claim exception. The Court found the Shriner Tract did meet this exception. The Court
remanded the case to the NIGC for further proceedings consistent with the Court’s
opinion.

NATIONAL HEADQUARTERS 1441 L St. NW, Suite 9100, Washington, DC 20005 Tel: 202.632.7003 Fax: 202.632.7066 WWW.NIGC.Gov

REGIONAL OFFICES Portland, OR; Sacramento, CA; Phoenix, AZ; St. Paul, MN; Tulsa, OK


Pursuant to the remand, and in light of the District Court’s ruling, the appropriate course
of action is approval of the previously disapproved Amended Gaming Ordinance.
Therefore, this letter serves as approval of the Amended Gaming Ordinance.

Further, we note that in the not-too-distant future a ruling from the Tenth Circuit Court of
Appeals in Governor of the State of Kansas v. Dick Kempthorne, 430 F. Supp. 2d 1204
(D. Kan. 2006) appeal docketed, No. 06-3213 (10" Cir. June 6, 2006), may further
favorably resolve any remaining issues which have long challenged the Wyandotte
Nation’s efforts ify their rights to conduct gaming on the parcel of tribal land

ance J am hereby approving.

Please go i GC staff attorney, if you have any questions.

Philip N. Hogen
Chairman

ce: Conly J. Schulte, Esq.
Fredericks & Peebles LLP
3610 North 163rd Plaza
Omaha, NE 68116
<PAGE> 84


                                   EXHIBIT 23



CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM


We consent to the incorporation by reference in the Registration Statement (Form
S-8 No.  2-72576)  pertaining to the 1981 Stock Purchase Plan, the  Registration
Statement  (Form S-8 No.  33-34107)  pertaining  to the  Baldwin  & Lyons,  Inc.
Deferred Directors Fee Option Plan, and the Registration Statement (Form S-8 No.
33-31316)  pertaining to the Baldwin & Lyons,  Inc.  Employee  Discounted  Stock
Option Plan of our reports dated March 9, 2007, with respect to the consolidated
financial  statements and schedules of Baldwin & Lyons,  Inc.,  Baldwin & Lyons,
Inc.  management's  assessment  of the  effectiveness  of internal  control over
financial  reporting,  and the  effectiveness of internal control over financial
reporting of Baldwin & Lyons, Inc., included in the Annual Report (Form 10K) for
the year ended December 31, 2006.



                                                           /S/ ERNST & YOUNG LLP


Indianapolis, Indiana
March 9, 2007