alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Selvin Raul ACUNA-CHINCHILLA, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent.

No. 11-72744.

United States Court of Appeals, Ninth Circuit.

Submitted Dec. 19, 2012.*

Filed Dec. 21, 2012.

OIL Kohsei Ugumori, DOJ-U.S. Department Of Justice, Washington, DC, Chief Counsel ICE, Office Of The Chief Counsel Department Of Homeland Security, San Francisco, CA, for Respondent.

Before: GOODWIN, WALLACE, and FISHER, Circuit Judges.

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

MEMORANDUM **

Selvin Raul Acuna-Chinchilla, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision denying his motion to reopen deportation proceedings held in absentia. Our jurisdiction is governed by 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen. *Najmabadi v. Holder,*597 F.3d 983, 986 (9th Cir.2010). We deny in part and dismiss in part the petition for review.

The agency did not abuse its discretion in denying Acuna-Chinchilla’s motion where Acuna-Chinchilla failed to provide evidence of materially changed conditions or circumstances in Guatemala for purposes of seeking asylum. *See*8 C.F.R. § 1003.23(b)(4)(i).

We lack jurisdiction to review Acuna-Chinchilla’s contention regarding the lack of oral notice of his hearing in Spanish because he failed to raise that contention before the agency, and thereby failed to exhaust his administrative remedies. *See*
      *679
      *Tijani v. Holder,*628 F.3d 1071, 1080 (9th Cir.2010) (no jurisdiction to review contentions not raised before the agency).

Acuna-Chinchilla’s remaining contentions are unavailing.

PETITION FOR REVIEW DENIED in part; DISMISSED in part.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Exhibit
      32.1








**Certification
      Pursuant to 18 U.S.C. Section 1350**


**(Adopted
      Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002)**








In
      connection with the Quarterly Report on Form 10-Q of Stratus Properties Inc.
      (the “Company”) for the quarter ending March 31, 2007, as filed with the
      Securities and Exchange Commission on the date hereof (the “Report”), William H.
      Armstrong III, as Chairman of the Board, President and Chief Executive Officer
      of the Company, hereby certifies, pursuant to 18 U.S.C. § 1350, as adopted
      pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that, to the best of his
      knowledge:





(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:
      May 10, 2007








/s/
      William H. Armstrong III


William
      H. Armstrong III


Chairman
      of the Board, President and


Chief
      Executive Officer








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





This
      certification shall not be deemed filed by the Company for purposes of § 18 of
      the Securities Exchange Act of 1934, as amended.
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
This Schedule contains sumary financial information extracted from consolidated
Balance Sheets as of September 30, 1996, and Consolidated Statements of 
Operations for the Nine Months ended September 30, 1996, and is qualified in
its entirety by reference to such financial statements.
</LEGEND>
              
                       
<MULTIPLIER>                                   1,000 

       
<S>                             <C>
<PERIOD-TYPE>                   9-mos
<FISCAL-YEAR-END>                          Dec-31-1996
<PERIOD-END>                               Sep-30-1996
<CASH>                                          17,736
<SECURITIES>                                         0
<RECEIVABLES>                                  153,987
<ALLOWANCES>                                         0
<INVENTORY>                                    198,071
<CURRENT-ASSETS>                               433,947
<PP&E>                                          31,074
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                 667,579
<CURRENT-LIABILITIES>                          308,322
<BONDS>                                        228,715
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          4
<COMMON>                                             4
<OTHER-SE>                                     122,715
<TOTAL-LIABILITY-AND-EQUITY>                   667,575
<SALES>                                        499,992
<TOTAL-REVENUES>                               499,992
<CGS>                                          417,869
<TOTAL-COSTS>                                  417,869
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              27,223
<INCOME-PRETAX>                                (53,686)
<INCOME-TAX>                                   (17,716)
<INCOME-CONTINUING>                            (35,970)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (35,970)
<EPS-PRIMARY>                                    (.95)
<EPS-DILUTED>                                    (.95)
        


</TABLE>
Exhibit 31.1
                      CERTIFICATION PURSUANT TO SECTION 302
                       of the SARBANES-OXLEY ACT OF 2002

I, Alexander G. Stewart, Chief Executive Officer of Dialex Minerals Inc., hereby
certify that:

1. I have reviewed this annual report on Form 10-KSB of Dialex Minerals Inc.;

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

3.  Based  on my  knowledge,  the  financial  statements,  and  other  financial
information  included  in this annual  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 annual 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 I 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 me by others within those
         entities, particularly during the period in which this annual 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 annual report (the "Evaluation Date"); and

         (c)  presented  in  this  annual  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 to the audit  committee  of  registrant's  board of  directors  (or
persons performing the equivalent function):

         (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; and

6. I have indicated in this annual report whether or not there were  significant
changes in internal controls or in other factors that could significantly affect
internal controls subsequent to the date of my most recent evaluation, including
any  corrective  actions with regard to  significant  deficiencies  and material
weaknesses.

Date: April 15, 2004

/s/  Alexander G. Stewart
---------------------------------------
     By: Alexander G. Stewart,
     Title: Chief Executive Officer
```

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5380 Introduced in House (IH)]

108th CONGRESS
  2d Session
                                H. R. 5380

               To improve the safe operation of aircraft.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           November 17, 2004

  Mr. Weiner introduced the following bill; which was referred to the 
             Committee on Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL

 
               To improve the safe operation of aircraft.

    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 ``Flight 587 Accountability Act''.

SEC. 2. INFORMATION IN FLIGHT MANUALS.

    The Administrator of the Federal Aviation Administration shall 
require each manufacturer of aircraft to list any information in the 
limitation section of each flight manual that may affect the safe 
operation of an aircraft.

SEC. 3. DISPUTE RESOLUTION.

    Except in cases in which an adjudicatory resolution is sought, the 
Administrator of the Federal Aviation Administration shall resolve a 
dispute between an aircraft manufacturer and an aircraft operator that 
arises regarding the safe operation of an aircraft.

SEC. 4. IMPLEMENTATION OF SAFETY RECOMMENDATIONS.

    Not later than 90 days after the date of enactment of this Act, the 
Government Accountability Office shall conduct a study to review the 
effectiveness and timeliness of the Federal Aviation Administration in 
implementing recommendations made by the National Transportation Safety 
Board.
                                 <all>
```
Exhibit No. 23

 

CONSENT OF INDEPENDENT ACCOUNTANTS

 

We hereby consent to the incorporation by reference in the Registration Statements on Form S-8 (Nos. 333-50703, 2-94699, 33-26823, 33-57879, 33-57881, 333-87275 and 333-50711) and in the Prospectus constituting part of the Registration Statement onForm S-3 (No. 333-51423) of Westvaco Corporation of our report dated November 20, 2000 relating to the Westvaco Corporation financial statements, which appears in the Annual Report to Shareholders, which is incorporated in this Annual Report on Form 10-K.
| 1.   | I have reviewed this Amendment No. 1 on Form 10-K/A for the year ended December 31, 2010 of Whitney Holding Corporation; |
|----------------|--------------------------------------------------------------------------------------------------------------------------|

| 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.   | [Intentionally Omitted]; |
|----------------|--------------------------|

| 4.   | [Intentionally Omitted]; and |
|----------------|------------------------------|

| 5.   | [Intentionally Omitted]. |
|----------------|--------------------------|
QuickLinks
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  Exhibit 10.37    
    


 Summary of Unwritten Compensation Arrangements

Applicable to Non-Employee Directors of Overstock.com, Inc.  


        The Company pays its non-employee directors (other than James V. Joyce, who serves as a consultant to the Company, and is
paid $360,000 annually) $60,000 annually, at the rate of $15,000 per quarter. The Company also grants restricted stock units to directors, generally at the first Board meeting after the director first
joins the Board, and periodically thereafter. In 2008 the Company granted restricted stock units to non-employee directors as follows: 



								
	Name



 
	 	Grant Date 	 	Number of

Restricted Stock

Units Granted(1) 	 
	 Allison H. Abraham
	 	 	May 13, 2008	 	 	5,000	 
	 Barclay F. Corbus
	 	 	May 13, 2008	 	 	5,000	 
	 Joseph J. Tabacco, Jr. 
	 	 	May 13, 2008	 	 	5,000	 
	 James V. Joyce(2)
	 	 	January 14, 2008	 	 	15,000	 














	(1)
	Each
restricted stock unit represents a contingent right to receive one share of Overstock.com, Inc. common stock. The restricted stock units vest as
to 25% at the close of business on the first anniversary of the date of grant, 25% at the second anniversary of the date of grant , and the remaining 50% at the third anniversary of the date of grant.
Vested shares will be delivered promptly after the restricted stock units vest.



	(2)
	Mr. Joyce
serves as a consultant to the Company, and also joined the Company's board of directors on January 14, 2008. On January 13,
2009, the Compensation Committee awarded an additional 10,000 restricted stock units to Mr. Joyce. 





        The
Company also reimburses directors for out-of-pocket expenses incurred in connection with attending Board and committee meetings. Haverford Valley, L.C., an
affiliate of the Company, and certain affiliated entities which make travel arrangements for our executives, also occasionally make travel arrangements for directors to attend Board meetings, for
which the Company reimburses Haverford Valley at rates not in excess of commercially available airline rates. 











QuickLinks



Exhibit 10.37
Dismissed and Memorandum Opinion filed May 16 , 2019.

In The 

## Fourteenth Court of Appeals

NO. 14- 19 -00262- CR

TIMOTHY HILL, Appellant

V. THE STATE OF TEXAS, Appellee

On Appeal from the 176th District Court

Harris County, Texas Trial Court Cause No. 1510810

MEMORANDUM OPINION
Appellant entered a guilty plea to possession of between one and four grams of cocaine. In accordance with the terms of a plea bargain agreement with the State, the trial court sentenced appellant to confinement for five years in the Institutional Division of the Texas Department of Criminal Justice. We dismiss the appeal.
The trial court entered a certification of the defendant’s right to appeal in which the court certified that this is a plea bargain case, and the defendant has no right of appeal. See Tex. R. App. P. 25.2(a)(2). The trial court’s certification is2

included in the record on appeal. See Tex. R. App. P. 25.2(d). The record supports
th e trial court’s certification. See Dears v. State , 154 S.W.3d 610, 615 (Tex. Crim. App. 2005).
Accordingly, we dismiss the appeal.

PER CURIAM

Panel consists of Justices Christopher, Bourliot, and Zimmerer. Do Not Publish — Tex. R. App. P. 47.2(b)
Exhibit 10.14.1



 

Date:      March 14, 2011

 

To:         Management Metric Based Bonus (MBB) Participants

 

From:    Jim Lejeal

 

Regarding:           Q1-2011 MBB Algorithm

 

The Rally Management Metric Based Bonus for Q1 2011 will be attached to company performance against total product bookings.

 

The intent is to align the company management with the sales team’s bookings objectives.

 

Goal:   Achieve the Company’s Q1 “assigned quota” Total Product Bookings Sales Goal:

 

Company Quota Amount Budget:

 

	
New Product   Bookings
    	
 
    	
$
    	
4,000,000
    	
 
    
	
Renewal Product   Bookings
    	
 
    	
$
    	
4,155,000
    	
 
    
	
Total Product   Bookings
    	
 
    	
$
    	
8,155,000
    	
 
    


 

Payment Structure:

 

We will continue to have a 90% new bookings threshold as well as a total payment cap of 125%:

 

Anticipated Payout Date:

 

1 month after close of quarter
I 

108TH CONGRESS 

1ST SESSION H. R. 805

To amend the Internal Revenue Code of 1986 to clarify that certain settlement funds established under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 are beneficially owned 

by the United States and are not subject to tax. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 13, 2003

Mr. HOUGHTON (for himself, Mr. BECERRA, and Mr. BOEHLERT) introduced 

the following bill; which was referred to the Committee on Ways and Means 

A BILL

To amend the Internal Revenue Code of 1986 to clarify 

that certain settlement funds established under the Comprehensive Environmental Response, Compensation, and 

Liability Act of 1980 are beneficially owned by the 

United States and are not subject to tax.

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

3 SECTION 1. CLARIFICATION OF TAXATION OF CERTAIN 

4 SETTLEMENT FUNDS. 

5 Subsection (g) of section 468B of the Internal Rev6 enue Code of 1986 is amended to read as follows: 
2

•HR 805 IH 

1 ‘‘(g) CLARIFICATION OF TAXATION OF CERTAIN

2 FUNDS.—

3 ‘‘(1) IN GENERAL.—Except as provided in para4 graph (2), nothing in any provision of law shall be 

5 construed as providing that an escrow account, set6 tlement fund, or similar fund is not subject to cur7 rent income tax. The Secretary shall prescribe regu8 lations providing for the taxation of any such ac9 count or fund whether as a grantor trust or other10 wise. 

11 ‘‘(2) EXEMPTION FROM TAX FOR CERTAIN SET12 TLEMENT FUNDS.—An escrow account, settlement 

13 fund, or similar fund shall be treated as beneficially 

14 owned by the United States and shall be exempt 

15 from taxation under this subtitle if—

16 ‘‘(A) it is established pursuant to a con17 sent decree entered by a judge of a United 

18 States District Court, 

19 ‘‘(B) it is created for the receipt of settle20 ment payments as directed by a government en21 tity for the sole purpose of resolving or satis22 fying one or more claims asserting liability 

23 under the Comprehensive Environmental Re24 sponse, Compensation, and Liability Act of 

25 1980, 
3

•HR 805 IH 

1 ‘‘(C) the authority and control over the ex2 penditure of funds therein (including the ex3 penditure of contributions thereto and any net 

4 earnings thereon) is with such government enti5 ty, and 

6 ‘‘(D) upon termination, any remaining 

7 funds will be disbursed upon instructions by 

8 such government entity in accordance with ap9 plicable law. 

10 For purposes of this paragraph, the term ‘govern11 ment entity’ means the United States, any State or 

12 political subdivision thereof, the District of Colum13 bia, any possession of the United States, and any 

14 agency or instrumentality of any of the foregoing.’’. 

15 SEC. 2. EFFECTIVE DATE. 

16 The amendment made by this Act shall apply as if 

17 included in the provision of the Tax Reform Act of 1986 

18 to which it relates.

Æ
# msd_CD_R1_00
```

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 209 Engrossed in House (EH)]

                 In the House of Representatives, U.S.,

                                                        April 30, 2003.
    Resolved, That the following named Member be, and he is hereby, elected to 
the following standing committee of the House of Representatives:
    Committee on Small Business: Mr. Miller of North Carolina.
            Attest:

                                                                          Clerk.
```
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               DEC-31-1997
<CASH>                                             384
<SECURITIES>                                         0
<RECEIVABLES>                                     5490
<ALLOWANCES>                                    (2287)
<INVENTORY>                                      10390
<CURRENT-ASSETS>                                 15008
<PP&E>                                           29410
<DEPRECIATION>                                 (23365)
<TOTAL-ASSETS>                                   29660
<CURRENT-LIABILITIES>                            58364
<BONDS>                                           1370
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                      44316
<COMMON>                                           375
<OTHER-SE>                                     (85925)
<TOTAL-LIABILITY-AND-EQUITY>                     29660
<SALES>                                          44616
<TOTAL-REVENUES>                                 44616
<CGS>                                            58670
<TOTAL-COSTS>                                    58670
<OTHER-EXPENSES>                                  1565
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               14726
<INCOME-PRETAX>                                (30345)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            (30345)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (30345)
<EPS-PRIMARY>                                     2.39
<EPS-DILUTED>                                     2.39
        

</TABLE>
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

In connection with the Quarterly Report of Authentidate
Holding Corp. (the company) on Form 10-Q for the period ending December 31, 2009 as filed with the Securities and Exchange Commission on the date hereof (the Report), the undersigned, being, OConnell Benjamin,
President of the company, and William A. Marshall, Chief Financial Officer of the company, respectively, do each hereby certify, pursuant to 18 U.S.C. ss.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 result of operations of the company.

Dated: February 11, 2010



|                       |  |  |  |                        
|---------------------- |  |  |  | -----------------------
|/s/ OConnell Benjamin |  |  |  | /s/ William A. Marshall
|President              |  |  |  | Chief Financial Officer

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