alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Abraham AGUILAR-CORTEZ, Petitioner, v. Alberto R. GONZALES, U.S. Attorney General, Respondent.

No. 05-60549

Summary Calendar.

United States Court of Appeals, Fifth Circuit.

June 22, 2006.

Pascual Madrigal, Law Office of Pascual Madrigal, San Antonio, TX, for Petitioner.

Donald Anthony Couvillon, Thomas Ward Hussey, Director, Linda Susan Wendtland, U.S. Department of Justice, Office of Immigration Litigation, Washington, DC, Kenneth Pasquerell, U.S. Immigration & Naturalization Service, District Directors Office, San Antonio, TX, Caryl G. Thompson, U.S. Immigration & Naturalization Service, District Directors Office, New Orleans, LA, for Respondent.

Alberto R. Gonzalez, U.S. Department of Justice, Washington, DC, pro se.

Before BARKSDALE, STEWART, and CLEMENT, Circuit Judges.

PER CURIAM: *

Abraham Aguilar-Cortez petitions for review of the Board of Immigration Appeals’ (BIA) order affirming the denial of his request for adjustment of status and final order of removal. The BIA ruled Aguilar was ineligible for adjustment of status pursuant to 8 U.S.C. § 1182(a)(9)(C)(i)(I) because he had accrued more than one year of unlawful presence in the United States *and*pursuant to § 1182(a)(2) because of his prior conviction for misprision of felony, in violation of 18 U.S.C. § 4.

On a petition for review of a BIA decision, factual findings are reviewed for substantial evidence; questions of law, *de novo. Lopez-Gomez v. Ashcroft,*263 F.3d 442, 444 (5th Cir.2001). We review the BIA’s order and will consider the underlying IJ decision only if it influenced the BIA’s determination. *Ontunez-Tursios v. Ashcroft,*303 F.3d 341, 348 (5th Cir.2002).

Aguilar contends his unlawful presence in the United States did not render him ineligible for adjustment of status under § 1182(a)(9)(C)(i)(I). We need not reach this contention, because Aguilar has *not*shown the BIA erred in determining he was ineligible for adjustment of status because his conviction for misprision of felo*516ny was a conviction for a crime of moral turpitude, making him ineligible for adjustment of status under § 1182(a)(2). *See Smalley v. Ashcroft,*354 F.3d 332, 339 (5th Cir.2003). Because Aguilar’s conviction was for a crime of moral turpitude, we lack “jurisdiction over his final order of deportation”. *Id.; see Lee v. Gonzales,*410 F.3d 778, 783 (5th Cir.2005).

Aguilar’s assertion that the BIA violated his due process rights by considering the § 1182(a)(2) issue is unavailing. *See An-war v. INS,*116 F.3d 140, 144 (5th Cir. 1997); *Ghassan v. INS,*972 F.2d 631, 635 (5th Cir.1992), *cert. denied,*507 U.S. 971, 113 S.Ct. 1412, 122 L.Ed.2d 783 (1993).

*DENIED.*

*

 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.
Presidential Documents

3959 

Federal Register 

Vol. 74, No. 12 

Wednesday, January 21, 2009 

Title 3— 

The President 

Notice of January 15, 2009 

Continuation of the National Emergency Relating to Cuba 

and of the Emergency Authority Relating to the Regulation 

of the Anchorage and Movement of Vessels 

On March 1, 1996, by Proclamation 6867, a national emergency was declared 

to address the disturbance or threatened disturbance of international relations 

caused by the February 24, 1996, destruction by the Cuban government 

of two unarmed U.S.-registered civilian aircraft in international airspace 

north of Cuba. In July 1996 and on subsequent occasions, the Cuban government stated its intent to forcefully defend its sovereignty against any U.S.- 

registered vessels or aircraft that might enter Cuban territorial waters or 

airspace while involved in a flotilla or peaceful protest. Since these events, 

the Cuban government has not demonstrated that it will refrain from the 

future use of reckless and excessive force against U.S. vessels or aircraft 

that may engage in memorial activities or peaceful protest north of Cuba. 

On February 26, 2004, by Proclamation 7757, the scope of the national 

emergency was expanded in order to deny monetary and material support 

to the repressive Cuban government, which had taken a series of steps 

to destabilize relations with the United States, including threatening to 

abrogate the Migration Accords with the United States and to close the 

United States Interests Section. Further, Cuba’s most senior officials repeatedly asserted that the United States intended to invade Cuba, despite explicit 

denials from the U.S. Secretaries of State and Defense that such action 

is planned. Therefore, in accordance with section 202(d) of the National 

Emergencies Act (50 U.S.C. 1622(d)), I am continuing the national emergency 

with respect to Cuba and the emergency authority relating to the regulation 

of the anchorage and movement of vessels set out in Proclamation 6867 

as amended and expanded by Proclamation 7757. 


jlentini on PROD1PC65 with FRO1
3960 Federal Register / Vol. 74, No. 12 / Wednesday, January 21, 2009 / Presidential Documents 

This notice shall be published in the Federal Register and transmitted to 

the Congress. 

THE WHITE HOUSE, 

January 15, 2009. [FR Doc. E9–1363 

Filed 1–16–09; 11:15 am] 

Billing code 3195–W9–P 


jlentini on PROD1PC65 with FRO1GWBOLD.EPS</GPH>
Exhibit 23.1


INDEPENDENT AUDITORS' CONSENT

We consent to the incorporation by reference in Registration Statement No.
33-51085 of Arizona Public Service Company on Form S-3 and in Registration
Statement No. 333-46161 of Arizona Public Service Company on Form S-8 of our
report dated February 8, 2002, (March 22, 2002, as to Note 17) (which report
expresses an unqualified opinion and includes an explanatory paragraph relating
to the change in 2001 in the method of accounting for derivatives and hedging
activities in order to comply with the provisions of Statement of Financial
Accounting Standards No. 133) appearing in this Annual Report on Form 10-K of
Arizona Public Service Company for the year ended December 31, 2001.

DELOITTE & TOUCHE LLP

DELOITTE & TOUCHE LLP
Phoenix, Arizona
March 25, 2002
#### The People of the State of New York, Respondent, v Mike York, Appellant.

[976 NYS2d 410]

Appeal by the defendant from a resentence of the Supreme Court, Kings County (R. Guzman, J.), imposed May 22, 2012, upon his conviction of manslaughter in the first degree and criminal possession of a weapon in the third degree (two counts), the resentence being a period of postrelease supervision in addition to the determinate term of imprisonment previously imposed on June 30, 1999. Assigned counsel has submitted a brief in accordance with *Anders v California*(386 US 738 [1967]) in which she moves for leave to withdraw as counsel for the appellant.

Ordered that the appeal is dismissed as academic; and it is further,

Ordered that assigned counsel’s application for leave to withdraw as counsel is dismissed as academic.

Inasmuch as the resentence was vacated by a subsequent order of the Supreme Court during the pendency of this appeal, the appeal has been rendered academic *(see People v Middleton,*90 AD3d 951, 952 [2011]; *People v Harrison,*51 AD3d 816, 817 [2008]; *People v Fredericks,*48 AD3d 827, 829 [2008]). Rivera, J.E, Hall, Roman and Cohen, JJ., concur.
<TABLE> <S> <C>

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          MAR-31-1999
<PERIOD-END>                               MAR-31-1999
<CASH>                                         203,489
<SECURITIES>                                   137,376
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                               203,489
<PP&E>                                           5,375
<DEPRECIATION>                                   2,333
<TOTAL-ASSETS>                                 473,131
<CURRENT-LIABILITIES>                              490
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        10,000
<OTHER-SE>                                     472,641
<TOTAL-LIABILITY-AND-EQUITY>                   473,131
<SALES>                                            333
<TOTAL-REVENUES>                                55,478
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                49,555
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                  5,923
<INCOME-TAX>                                     5,923
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     5,923
<EPS-BASIC>                                       0.01
<EPS-DILUTED>                                     0.01


</TABLE>
EXHIBIT NO. 32.1
Form 10-QSB
Alliance Health, Inc.
File No. 33-17387

          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 Alliance Health, Inc. (the "Company")
on Form 10-QSB for the period ending June 30, 2007 as filed with the  Securities
and  Exchange  Commission  on the date  hereof  (the  "Report"),  I,  Sarkis  J.
Kechejian,  Chief Executive and Chief Financial 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:

     (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 results of operations
          of the Company.


Dated: December 5, 2007                     /s/ Sarkis J. Kechejian, M. D.
       ----------------                     ------------------------------------
                                                      Sarkis J. Kechejian, M. D.
                                                         Chief Executive Officer
                                                     and Chief Financial Officer


A signed  original of this  written  statement  required by Section 906 has been
provided to Alliance Health,  Inc. and will be retained by Alliance Health, Inc.
and  furnished  to the  Securities  and  Exchange  Commission  or its staff upon
request.
#### The People of the State of New York ex rel. David A. Burr, Appellant, v David Rock, as Superintendent of Upstate Correctional Facility, Respondent.

Submitted June 18, 2012;

decided September 6, 2012

Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the proceeding within the meaning of the Constitution.
Exhibit 23
                                                                      ----------

                          Independent Auditors' Consent

The Board of Directors
Anaren Microwave, Inc.:

We consent to  incorporation  by reference in the  Registration  Statements (No.
33-36761, No. 333-03193,  No. 333-70397,  No. 333-70427,  No. 333-50390, and No.
333-50392) on Form S-8 of Anaren  Microwave,  Inc. of our report dated August 1,
2001, relating to the consolidated balance sheets of Anaren Microwave,  Inc. and
subsidiaries as of June 30, 2001 and June 30, 2000, and the related consolidated
statements of operations,  stockholders'  equity, and cash flows for each of the
years in the three-year  period ended June 30, 2001, which report appears in the
June 30, 2001 annual report on Form 10-K of Anaren Microwave, Inc.

Syracuse, New York
September 19, 2001
[Federal Register Volume 74, Number 106 (Thursday, June 4, 2009)]
[Notices]
[Page 26848]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-12888]


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

COMMISSION OF FINE ARTS


Commission of Fine Arts; Notice of Meeting

    The next meeting of the U.S. Commission of Fine Arts is scheduled 
for 18 June 2009, at 10 a.m. in the Commission offices at the National 
Building Museum, Suite 312, Judiciary Square, 401 F Street, NW., 
Washington, DC 20001-2728. Items of discussion may include buildings, 
parks and memorials.
    Draft agendas and additional information regarding the Commission 
are available on our Web site: http://www.cfa.gov. Inquiries regarding 
the agenda and requests to submit written or oral statements should be 
addressed to Thomas Luebke, Secretary, U.S. Commission of Fine Arts, at 
the above address or call 202-504-2200. Individuals requiring sign 
language interpretation for the hearing impaired should contact the 
Secretary at least 10 days before the meeting date.

    Dated May 27, 2009 in Washington DC.
Thomas Luebke,
AIA, Secretary.
[FR Doc. E9-12888 Filed 6-3-09; 8:45 am]
BILLING CODE 6330-01-M
97-227.

#### Williams v. 312 Walnut L.P.

Hamilton App. No. C-960368. This cause is pending as a discretionary appeal and a claimed appeal of right from the Court of Appeals for Hamilton County. On March 7, 1997, appellee city of Cincinnati filed a document titled “Motion to Determine Deadline.” The court finds that appellee’s motion is, in substance, a request to file an untimely memorandum in response and, as such, is prohibited by S.CtPrac.R. XIV(IXC). Accordingly,

IT IS ORDERED by the court, *sua sponte,*that appellee’s motion to determine deadline be, and hereby is, stricken.
<TABLE>
<CAPTION>
                                                                                             Exhibit 12(b)

                           Entergy Gulf States, Inc.
           Computation of Ratios of Earnings to Fixed Charges and
    Ratios of Earnings to Combined Fixed Charges and Preferred Dividends



                                                              1996      1997      1998      1999      2000
<S>                                                          <C>       <C>       <C>       <C>       <C>
Fixed charges, as defined:
  Total Interest charges                                     $193,890  $180,073  $178,220  $153,034  $158,949
  Interest applicable to rentals                               14,887    15,747    16,927    16,451    18,307
                                                             ------------------------------------------------
Total fixed charges, as defined                               208,777   195,820   195,147   169,485   177,256

Preferred dividends, as defined (a)                            48,690    30,028    32,031    29,355    15,742
                                                             ------------------------------------------------
Combined fixed charges and preferred dividends, as defined   $257,467  $225,848  $227,178  $198,840  $192,998
                                                             ================================================

Earnings as defined:

Income (loss) from continuing operations before extraordinary
  items and the cumulative effect of accounting changes       ($3,887)  $59,976   $46,393  $125,000  $180,343
  Add:
    Income Taxes                                              102,091    22,402    31,773    75,165   103,603
    Fixed charges as above                                    208,777   195,820   195,147   169,485   177,256
                                                             ------------------------------------------------

Total earnings, as defined (b)                               $306,981  $278,198  $273,313  $369,650  $461,202
                                                             ================================================

Ratio of earnings to fixed charges, as defined                   1.47      1.42      1.40      2.18      2.60
                                                             ================================================

Ratio of earnings to combined fixed charges and
 preferred dividends, as defined                                 1.19      1.23      1.20      1.86      2.39
                                                             ================================================

(a) "Preferred dividends," as defined by SEC regulation S-K, are computed
    by dividing the preferred dividend requirement by one hundred percent
    (100%) minus the income tax rate.

(b) Earnings for the year ended December 31, 1994, for GSU were not
    adequate to cover fixed charges combined fixed charges and preferred
    dividends by $144.8 million and $197.1 million, respectively.

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


<ARTICLE>                     5
<LEGEND>
     This schedule contains summary financial information extracted from the
     financial statements contained in the Registrant's Quarterly Report on Form
     10-QSB for the quarter ended September 30, 1997, and is qualified in its
     entirety by reference to such financial statements.
</LEGEND>

       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                              DEC-31-1997
<PERIOD-START>                                 JAN-01-1997
<PERIOD-END>                                   SEP-30-1997
<CASH>                                              18,014
<SECURITIES>                                             0
<RECEIVABLES>                                       17,652
<ALLOWANCES>                                         8,826
<INVENTORY>                                              0
<CURRENT-ASSETS>                                    26,840
<PP&E>                                                   0
<DEPRECIATION>                                           0
<TOTAL-ASSETS>                                      37,635
<CURRENT-LIABILITIES>                               25,916
<BONDS>                                                  0
<PREFERRED-MANDATORY>                                    0
<PREFERRED>                                              0
<COMMON>                                               312
<OTHER-SE>                                         915,678
<TOTAL-LIABILITY-AND-EQUITY>                        37,635
<SALES>                                                  0
<TOTAL-REVENUES>                                     2,720
<CGS>                                                    0
<TOTAL-COSTS>                                            0
<OTHER-EXPENSES>                                    19,630
<LOSS-PROVISION>                                       475
<INTEREST-EXPENSE>                                   1,079
<INCOME-PRETAX>                                    (18,464)
<INCOME-TAX>                                             0
<INCOME-CONTINUING>                                (18,464)
<DISCONTINUED>                                           0
<EXTRAORDINARY>                                          0
<CHANGES>                                                0
<NET-INCOME>                                       (18,464)
<EPS-PRIMARY>                                        (.006)
<EPS-DILUTED>                                        (.006)
        


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

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1995
<PERIOD-END>                               SEP-30-1995
<CASH>                                             509
<SECURITIES>                                 1,456,660
<RECEIVABLES>                                   27,875
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                               1,485,044
<CURRENT-LIABILITIES>                           27,984
<BONDS>                                              0
<COMMON>                                             0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<OTHER-SE>                                   1,457,060
<TOTAL-LIABILITY-AND-EQUITY>                 1,485,044
<SALES>                                              0
<TOTAL-REVENUES>                                52,014
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                   250
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                 51,764
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    51,764
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        

</TABLE>
#### The People of the State of New York, Respondent, v Timothy Williams, Appellant.

Submitted May 14, 2012;

decided May 31, 2012

Motion for assignment of counsel granted and Steven Banks, Esq., the Legal Aid Society, 199 Water Street, New York, NY 10038 assigned as counsel to the appellant on the appeal herein.
EXHIBIT 99.2

CERTIFICATION PURSUANT TO18 U.S.C. SECTION 1350AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Annual Report of Brainworks Ventures, Inc. (the “Company”) on Form 10-KSB/A for the period ending March 31, 2003, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Robert J. Cormican, Senior Vice President and Chief Financial 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:

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 results of operations of the Company as of and for the period covered by the Report.

 

|   |   |   |                                                                 |
|--------|--------|--------|----------------------------------------------------------------------|
|        |   |   | /s/ Robert J. Cormican                                               |
|   |   |   |                                                                      |
|   |   |   | Robert J. Cormican, Senior Vice Presidentand Chief Financial Officer |
|   |   |   | July 3, 2003                                                         |
Exhibit 23.1
      Consent of Independent Registered Public Accounting Firm

To the Board of Directors
Art's-Way Manufacturing Co., Inc.
Armstrong, Iowa

We consent to the incorporation by reference in Registration Statement
No. 33-53724 on Form S-8 related to the 401(k) Savings Plan and the
Registration Statement on Form S-8 related to the 1991 Employee Stock
Option Plan of Art's-Way Manufacturing Co., Inc. of our report, dated
January 7, 2007 appearing in this Annual Report on Form 10-KSB of
Art's-Way Manufacturing Co., Inc. for the year ended November 30, 2006.

                                             /s/ Eide Bailley LLP

Minneapolis, Minnesota
February 26, 2007