alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Lugardo GUERRERO-MUNOZ, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent.

No. 11-72587.

United States Court of Appeals, Ninth Circuit.

Submitted Dec. 19, 2012.*

Filed Dec. 21, 2012.

Bernice Funk, Esquire, Law Office of Bernice Funk, Seattle, WA, for Petitioner.

Oil, Chief Counsel Ice, Andrew Jacob Oliveira, Esquire, Trial, Washington, DC, 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 **

Lugardo Guerrero-Munoz, a native and citizen of Mexico, petitions for review of an order of the Board of Immigration Appeals (“BIA”) denying his motion to reopen alleging ineffective assistance of counsel. Our jurisdiction is governed by 8 U.S.C. § 1252. We review for abuse of discretion the BIA’s denial of a motion to reopen. *Granados-Oseguera v. Mukasey,*546 F.3d *6751011, 1014 (9th Cir.2008) (per curiam). We deny in part and dismiss in part the petition for review.

The BIA did not abuse its discretion by denying Guerrero-Munoz’s motion to reopen due to his lack of prima facie eligibility for relief from removal because Guerrero-Munoz’s failure to depart the United States in accordance with his grant of voluntary departure rendered him statutorily ineligible for cancellation of removal. *See 8*U.S.C. § 1229c(d)(l); *see also Fernandez v. Gonzales,*439 F.3d 592, 599 (9th Cir.2006) (noting that the BIA may deny a motion to reopen for failure to establish prima facie eligibility for the underlying relief sought). Guerrero-Munoz’s related claim that the BIA incorrectly applied the law in adjudicating his motion to reopen similarly fails. *See Granados-Oseguera,*546 F.3d at 1015 (Where a “motion to reopen [i]s filed after the period for voluntary departure ha[s] elapsed,” the BIA is “not simply correct to deny the motion; it [i]s compelled to do so by the operation of 8 U.S.C. § 1229c(d)(l).”).

The BIA did not improperly decline to consider Guerrero-Munoz’s claim that his former attorneys ineffectively prepared his case, because this issue was immaterial'to the disposition of his request for reopening. *See INS v. Bagamasbad,*429 U.S. 24, 25, 97 S.Ct. 200, 50 L.Ed.2d 190 (1976) (“[Cjourts and agencies are not required to make findings on issues the decision of which is unnecessary to the results they reach.”).

Finally, to the extent Guerrero-Munoz now argues that his noncompliance with his grant of voluntary departure was attributable to the ineffective legal advice of his second former attorney, we lack jurisdiction to consider this contention because Guerrero-Munoz did not exhaust his administrative remedies with respect to this claim. *See Tijani v. Holder,*628 F.3d 1071, 1080 (9th Cir.2010).

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      10.5**

**COMPLETION      GUARANTY AGREEMENT**

***[REMAINDER      OF PAGE INTENTIONALLY BLANK]***
SALIVA DIAGNOSTIC SYSTEMS, INC.
                               SEPTEMBER 30, 2005
                                                                    Exhibit 32.1

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

I, Steven Peltzman,  Chief Executive Officer of Saliva Diagnostic Systems, Inc.,
hereby certify,  pursuant to 18 U.S.C.  ss.1350,  as adopted pursuant to Section
906 of the Sarbanes-Oxley Act of 2002:

         (1) that the  Quarterly  Report on Form  10-QSB  of  Saliva  Diagnostic
            Systems,  Inc. for the quarterly  period ended on September 30, 2005
            filed with the Securities and Exchange Commission on the date hereof
            at  File  No.  0-21284  (the  "Report")   fully  complies  with  the
            requirements  of  Section  13(a) or  15(d),  as  applicable,  of the
            Securities Exchange Act of 1934; and

         (2) that the information  contained in the Report fairly  presents,  in
            all  material  respects,  the  financial  condition  and  results of
            operations of Saliva Diagnostic Systems, Inc.

Dated:  November 15, 2005
                                               /s/ Steve M. Peltzman
                                               ---------------------------------
                                               Steve M. Peltzman
                                               Chief Executive Officer

                                       25
UNITED STATES


SECURITIES AND EXCHANGE COMMISSION


WASHINGTON, D.C. 20549





FORM 8-K





CURRENT REPORT


Pursuant to Section 13 OR 15(d) of the Securities Exchange Act of 1934





Date of report (Date of earliest event reported): March 8, 2018





Vail Resorts, Inc.


(Exact Name of Registrant as Specified in Charter)





Delaware001-0961451-0291762(State or Other Jurisdiction of Incorporation)(Commission File Number)(IRS Employer Identification No.)390 Interlocken CrescentBroomfield, Colorado80021(Address of Principal Executive Offices)(Zip Code)Registrant's telephone number, including area code:(303) 404-1800





Not Applicable(Former Name or Former Address, if Changed Since Last Report)





Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:


[  ] Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)


[  ] Soliciting materials pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)


[  ] Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))


[  ] Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))





Indicate by check mark whether the registrant is an emerging growth company as defined in as defined in Rule 405 of the Securities Act of 1933 (§230.405 of this chapter) or Rule 12b-2 of the Securities Exchange Act of 1934 (§240.12b-2 of this chapter).


Emerging growth company  ̈


If an emerging growth company, indicate by check mark if the registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards provided pursuant to Section 13(a) of the Exchange Act.  ̈











---










Item 2.02.  Results of Operations and Financial Condition.





On March 8, 2018, Vail Resorts, Inc. issued a press release announcing its results for the three and six months ended January 31, 2018.  A copy of the press release is being furnished as Exhibit 99.1 to this Current Report on Form 8-K and is incorporated herein by reference.








Item 9.01.  Financial Statements and Exhibits.





(d) Exhibits.





A list of exhibits furnished herewith is contained on the Exhibit Index which immediately precedes such exhibits and is incorporated herein by reference.














---










SIGNATURES





Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.





Vail Resorts, Inc.Date: March 8, 2018By:/s/ Michael Z. BarkinMichael Z. BarkinExecutive Vice President and Chief Financial Officer











EXHIBIT INDEX





Exhibit No.Description99.1Press Release, dated March 8, 2018, announcing fiscal 2018 second quarter results.
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          JUL-31-1996
<PERIOD-START>                             AUG-01-1995
<PERIOD-END>                               JUL-31-1996
<CASH>                                       1,300,867
<SECURITIES>                                         0
<RECEIVABLES>                               10,155,933
<ALLOWANCES>                                 (953,921)
<INVENTORY>                                  2,169,353
<CURRENT-ASSETS>                                     0
<PP&E>                                      18,815,096
<DEPRECIATION>                             (9,362,770)
<TOTAL-ASSETS>                              28,011,752
<CURRENT-LIABILITIES>                                0
<BONDS>                                     15,142,321
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       257,602
<OTHER-SE>                                 (2,481,716)
<TOTAL-LIABILITY-AND-EQUITY>                28,011,752
<SALES>                                              0
<TOTAL-REVENUES>                            29,667,376
<CGS>                                                0
<TOTAL-COSTS>                               17,031,368
<OTHER-EXPENSES>                             8,969,309
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                           1,510,985
<INCOME-PRETAX>                              2,155,714
<INCOME-TAX>                                    62,500
<INCOME-CONTINUING>                          2,093,214
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                808,000
<CHANGES>                                            0
<NET-INCOME>                                 2,960,847
<EPS-PRIMARY>                                      .84
<EPS-DILUTED>                                      .84
        


</TABLE>
CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350,



AS ADOPTED PURSUANT TO



SECTION 906 OF THE U.S. SARBANES-OXLEY ACT OF 2002







In connection with the Quarterly Report of Jewett-Cameron Trading Company Ltd. (the Company) on Form 10-Q for the period ended May 31, 2008 as filed with the Securities and Exchange Commission on the date hereof (the Report), each of the undersigned officers of the Company does hereby certify, to such officers knowledge, that, 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 this Report fairly presents, in all material respects, the financial condition and results of operations of the Company.



|Date: July 9, 2008 | Signed:  /s/  Donald M. Boone     
|------------------ | ----------------------------------
|                   | Donald M. Boone,
President and CEO
* 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.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 00-10695

Summary Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

CHARLIE DEWAYNE BOND,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Northern District of Texas

USDC No. 4:99-CR-249-1-Y

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

March 20, 2001

Before JOLLY, SMITH, and DeMOSS, Circuit Judges.

PER CURIAM:*

The Federal Public Defender for Charles Dewayne Bond

("Bond") has moved for leave to withdraw and has filed a brief

pursuant to Anders v. California, 386 U.S. 738 (1967). Bond has

received a copy of counsel’s motion and brief, and has filed a

pro se response in which he requests appointment of new appellate

counsel. Our review of the brief filed by counsel, Bond's

response, and of the record discloses no nonfrivolous point for

appeal. Accordingly, the motion for leave to withdraw is

GRANTED, counsel is excused from further responsibilities, and
No. 00-10695

-2-

the APPEAL IS DISMISSED. Bond's motion for appointment of new

counsel is DENIED AS MOOT. See 5TH CIR. R. 42.2.
Exhibit
32





Written
Statement of the Chief Executive Officer and Chief Financial
Officer


Pursuant
to 18 U.S.C. Section 1350








Solely for the
purposes of complying with 18 U.S.C. Section 1350, as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, we, the undersigned Chief
Executive Officer and Chief Financial Officer of Wisconsin Public Service
Corporation (the "Company"), hereby certify, based on our knowledge, that the
Annual Report on Form 10-K of the Company for the year ended December 31, 2008
(the "Report") fully complies with the requirements of Section 13(a) of the
Securities Exchange Act of 1934 and that information contained in the Report
fairly presents, in all material respects, the financial condition and results
of operations of the Company.










/s/ Charles A.
Schrock


Charles A.
Schrock


President and Chief
Executive Officer








/s/ Joseph P.
O'Leary


Joseph P.
O'Leary


Senior Vice
President and Chief Financial Officer








Date:  February
25, 2009








This certification
accompanies this Report pursuant to Section 906 of the Sarbanes-Oxley Act of
2002 and shall not be deemed filed by Wisconsin Public Service Corporation for
purposes of Section 18 of the Securities Exchange Act of 1934, as
amended.





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

114TH CONGRESS 

2D SESSION S. 3534 

To amend title 31, United States Code, to permit the Secretary of the 

Treasury to locate and recover certain assets of the United States Government. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 8, 2016 

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

to the Committee on Finance 

A BILL 

To amend title 31, United States Code, to permit the Secretary of the Treasury to locate and recover certain 

assets of the United States Government. 

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

3 SECTION 1. INCREASE AND STREAMLINE RECOVERY OF 

4 UNCLAIMED ASSETS OWED TO THE UNITED 

5 STATES. 

6 Section 3711 of title 31, United States Code, is 

7 amended by adding at the end the following: 

8 ‘‘(j)(1) The Secretary of the Treasury (referred to in 

9 this subsection as the ‘‘Secretary’’) may locate and recover 


lotter on DSK5VPTVN1PROD with BILLS
2 

•S 3534 IS

1 assets of the United States Government on behalf of any 

2 executive, judicial, or legislative agency in accordance with 

3 such procedures as the Secretary considers appropriate. 

4 ‘‘(2) Notwithstanding any other provision of law con5 cerning the depositing or collection of Federal payments, 

6 including section 3302(b), the Secretary may retain a por7 tion of the amounts recovered under this subsection to 

8 cover the administrative and operational costs of the Sec9 retary associated with locating and recovering assets of 

10 the United States Government. 

11 ‘‘(3) The Secretary shall use any funds appropriated 

12 to the Secretary to carry out this subsection. 

13 ‘‘(4) Any savings associated with carrying out this 

14 subsection shall be transferred to the general fund of the 

15 Treasury for the purpose of deficit reduction.’’. 

Æ 


lotter on DSK5VPTVN1PROD with BILLS
CERTIFICATION PURSUANT TO

18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO

SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002



I, Donald M. Boone, certify that:

1.

I have reviewed this quarterly report on Form 10-Q/A of Jewett Cameron Trading Company Ltd..;

2.

Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report;

3.

Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition, results of operations and cash flows of the registrant as of, and for, the periods presented in this report;

4.

The registrant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)) for the registrant and have:

a)

Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, 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 report is being prepared;

b)

Evaluated the effectiveness of the registrants 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 registrants internal control over financial reporting that occurred during the registrants most recent fiscal quarter (the registrants fourth fiscal quarter in the case of an annual report) that has materially affected, or is reasonably likely to materially affect, the registrants internal control over financial reporting; and

5.

The registrants other certifying officer and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the registrants auditors and the audit committee of the registrants board of directors (or persons performing the equivalent functions):

a)

all significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the registrants ability to record, process, summarize and report financial information; and

b)

any fraud, whether or not material, that involves management or other employees who have a significant role in the registrants internal control over financial reporting.

Date:

August 31, 2006

By:

/s/ Donald M. Boone

Donald M. Boone,

President/CEO/Director

|
|
Exhibit 32.2



CERTIFICATION



Pursuant to 18 U.S.C. § 1350, the undersigned officer of WEST PENN POWER COMPANY (the Company), hereby certifies, to such officers
knowledge, that the Companys Annual Report on Form 10-K for the fiscal year ended December 31, 2003 (the Report) fully complies with the requirements of Section 13(a) of the Securities Exchange Act of 1934and that the
information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.



|               |  |  |  |                                              
|-------------- |  |  |  | ---------------------------------------------
|               |  |  |  |                                              
|               |  | 
|               |  |  |  | /s/    JEFFREY D. SERKES                     
|               |  |  |  |                                              
|March 11, 2004 |  |  |  | Jeffrey D. Serkes Principal Financial Officer
EXHIBIT 32(i)

Certification Pursuant to Section 1350 of Chapter 63 of Title 18 of the United States Code

I, William Wrigley, Jr., the Chief Executive Officer of Wm. Wrigley Jr. Company (the Company), certify that to the best of my knowledge:

|(i)  | the Annual   Report of the Company on the Form 10-K dated February 16, 2006 for the fiscal   year ended December 31, 2005, fully complies with the requirements of Section   13(a) or 15(d) of the Securities Exchange Act of 1934; and
|---- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
|     |                                                                                                                                                                                                                                        
|(ii) | the   information contained in the said Form 10-K fairly presents, in all material   respects, the financial condition and results of operations of the Company.                                                                       

| | /s/ WILLIAM   WRIGLEY, JR.                                       
| | -----------------------------------------------------------------
| |                                                                  
| | William   Wrigley, Jr.                                           
| | Chairman of   the Board, President and    Chief Executive Officer

Dated February 16, 2006
Exhibit 23.1


               Consent of Independent Certified Public Accountants


We have issued our report  dated March 29,  2001,  except for Note K as to which
the date is April 5, 2001,  accompanying the consolidated  financial  statements
included in the Annual Report of Greenbriar  Corporation,  Inc. on Form 10-K for
the year ended  December 31, 2000.  We hereby  consent to the  incorporation  by
reference  of  said  report  in  the   Registration   Statements  of  Greenbriar
Corporation on Form S-3 (File No.  33-64840) and on Form S-8 (File No. 33-65856,
33-33985 and 33-64840).


GRANT THORNTON, LLP

Dallas, Texas
March 29, 2001
```

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 333 Introduced in House (IH)]

  1st Session
H. RES. 333

 Providing amounts for further expenses of the Committee on Veterans' 
              Affairs in the One Hundred Eighth Congress.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             July 23, 2003

   Mr. Smith of New Jersey (for himself and Mr. Evans) submitted the 
  following resolution; which was referred to the Committee on House 
                             Administration

_______________________________________________________________________

                               RESOLUTION

 
 Providing amounts for further expenses of the Committee on Veterans' 
              Affairs in the One Hundred Eighth Congress.

    Resolved, 

SECTION 1. AMOUNTS FOR COMMITTEE EXPENSES.

    For further expenses of the Committee on Veterans' Affairs 
(hereafter in this resolution referred to as the ``Committee'') for the 
One Hundred Eighth Congress, there shall be paid out of the applicable 
accounts of the House of Representatives not more than $171,000.

SEC. 2. SESSION LIMITATIONS.

    Of the amount specified in section 1--
            (1) not more than $69,000 shall be available for expenses 
        incurred during the period beginning at noon on January 3, 
        2003, and ending immediately before noon on January 3, 2004; 
        and
            (2) not more than $102,000 shall be available for expenses 
        incurred during the period beginning at noon on January 3, 
        2004, and ending immediately before noon on January 3, 2005.

SEC. 3. VOUCHERS.

    Payments under this resolution shall be made on vouchers authorized 
by the Committee, signed by the Chairman of the Committee, and approved 
in the manner directed by the Committee on House Administration.

SEC. 4. REGULATIONS.

    Amounts made available under this resolution shall be expended in 
accordance with regulations prescribed by the Committee on House 
Administration.
                                 <all>
```
No. 1249.

#### Leslie *v.*New York.

June 3, 1946.

Petition for writ of certiorari to the County Court of Erie County, New York, denied.