alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Harbinder SINGH, Petitioner, v. Michael B. MUKASEY, Attorney General, Respondent.

No. 05-74477.

United States Court of Appeals, Ninth Circuit.

Submitted May 20, 2008.*

Filed May 22, 2008.

Mohinder Singh, Esq., Walnut Creek, CA, for Petitioner.

NVL-District Counsel, Office of the District Counsel, Department of Homeland Security, Las Vegas, NV, Ronald E. Lefevre, Chief Counsel, Office of the District Counsel, Department of Homeland Security, San Francisco, CA, John C. Cunningham, Esq., Ann Carroll Varnon, Esq., Elizabeth J. Stevens, Esq., DOJ-U.S. Department of Justice, Civil Div./Office of Immigration Lit., Washington, DC, for Respondent.

Before: PREGERSON, TASHIMA and GOULD, Circuit Judges.

*

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

MEMORANDUM **

Harbinder Singh, a native and citizen of India, petitions for review of the Board of *533Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his applications for withholding of removal and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252. We grant the petition for review and remand for further proceedings consistent with this disposition.

The IJ explicitly declined to make an adverse credibility determination, stating that he denied withholding of removal and CAT “on the merits,” but proceeded to deny Singh withholding of removal and CAT protection after identifying perceived inconsistencies between Singh’s testimony, airport and credible fear interviews, and his asylum application. Thus, it is unclear from the record whether the IJ’s denial was based on a finding against Singh’s credibility or on a determination that Singh failed to establish eligibility for these forms of relief. The BIA then compounded the error when it adopted and affirmed the ambiguous IJ decision, citing *Matter of Burbano,*20 I. & N. Dec. 872, 874 (BIA 1994). *See Huang v. Mukasey,*520 F.3d 1006, 1008 (9th Cir.2008).

In these circumstances, we must remand for the agency to determine its basis for denying Singh’s claims. *See id.; INS v. Ventura,*537 U.S. 12, 16, 123 S.Ct. 353, 154 L.Ed.2d 272 (2002) (per curiam).

PETITION FOR REVIEW GRANTED; REMANDED.

**

 The panel unanimously finds this case suitable for decision without oral argument. *See*Fed. R.App. P. 34(a)(2).
Michigan Supreme Court

Lansing, Michigan

Marilyn Kelly,

 Chief Justice

Michael F. Cavanagh

Elizabeth A. Weaver

Maura D. Corrigan

Robert P. Young, Jr.

Stephen J. Markman

Diane M. Hathaway, Justices

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the 

foregoing is a true and complete copy of the order entered at the direction of the Court. 

 _________________________________________ 

 Clerk

January 29, 2010 

p0129 

Order 

 

January 29, 2010 

138997 & (21) 

 

PEOPLE OF THE STATE OF MICHIGAN, 

Plaintiff-Appellee, 

v SC: 138997 

 COA: 290058 

Kalamazoo CC: 2004-001249-FC 

SCOTT JAMES ANDERSON, 

Defendant-Appellant. 

_________________________________________/ 

 On order of the Court, the application for leave to appeal the April 10, 2009 order 

of the Court of Appeals is considered, and it is DENIED, because the defendant has 

failed to meet the burden of establishing entitlement to relief under MCR 6.508(D). The 

motion to remand is DENIED.
<PAGE>

                                                                      EXHIBIT 23

            CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

We consent to the incorporation by reference in this Annual Report (Form 10-K)
of ADVO, Inc. ("ADVO") of our report dated October 21, 2004 included in the 2004
Annual Report to Stockholders of ADVO.

Our audits also included the financial statement schedule of ADVO listed in Item
15(a). This schedule is the responsibility of the Company's management. Our
responsibility is to express an opinion based on our audits. In our opinion, the
financial statement schedule referred to above, when considered in relation to
the basic financial statements taken as a whole, presents fairly in all material
respects the information set forth therein.

We also consent to the incorporation by reference in the Registration Statements
(Form S-8 No. 333-47516) pertaining to the ADVO, Inc. Deferred Compensation
Plan, (Form S-8 No. 333-71679) pertaining to the 1998 Incentive Compensation
Plan, (Form S-8 No. 333-81365) pertaining to the MailCoups, Inc. 401(k) Savings
Plan, (Form S-8 No. 333-38237) pertaining to the ADVO, Inc.'s President's Club
Stock Award Plan, (Form S-8 No. 333-11323) pertaining to the ADVO, Inc. 401(k)
Plan No. 001, (Form S-8 No. 333-11587) pertaining to ADVO, Inc. 401(k) Plan No.
004 and in the related Prospectuses of our report dated October 21, 2004, with
respect to the consolidated financial statements of ADVO incorporated herein by
reference, and our report included in the preceding paragraph with respect to
the financial statement schedule included in this Annual Report (Form 10-K) of
ADVO for the year ended September 25, 2004.

                                                 /s/ ERNST & YOUNG LLP

Hartford, Connecticut
December 8, 2004
86 A.3d 830

#### COMMONWEALTH of Pennsylvania, Petitioner v. Willie Lee BROOKS, Respondent.

Supreme Court of Pennsylvania.

Feb. 20, 2014.

*505
      *ORDER*

PER CURIAM.

AND NOW, this 20th day of February 2014, the Petition for Allowance of Appeal is GRANTED on the following issues gleaned from the Petition:

> Where the trial court concludes a continuance request was made solely for purpose of delay, must the court support its decision by placing evidence on the record or articulating “compelling reasons”?
Exhibit 32.2

CERTIFICATION

Pursuant to 18 U.S.C. § 1350, I, Tucker I. Marr, Chief
Financial Officer of Pruco Life Insurance Company, hereby certify that the accompanying Annual Report on Form 10-K for the year ended December 31, 2009, containing the financial statements of Pruco Life Variable Contract Real Property Account
(a separate account of Pruco Life Insurance Company) and The Prudential Variable Contract Real Property Partnership (the Report), fully complies with the requirements of Section 13 (a) or 15 (d) of the Securities Exchange
Act of 1934 and that the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Pruco Life Variable Contract Real Property Account and The Prudential Variable Contract
Real Property Partnership.



Date: March 23, 2010/s/ Tucker I. MarrName: Tucker I. Marr Title:
Chief Financial Officer


The foregoing certification is being furnished solely pursuant to 18 U.S.C. § 1350 and is
not being filed as part of the Report or as a separate disclosure document.
{"id":1358,"date":"2013-05-31T09:29:07","date_gmt":"2013-05-31T13:29:07","guid":{"rendered":"\/?p=1358"},"modified":"2018-08-17T09:47:54","modified_gmt":"2018-08-17T13:47:54","slug":"commission-requests-comments-on-oti-rules","status":"publish","type":"post","link":"\/commission-requests-comments-on-oti-rules\/","title":{"rendered":"Commission Requests Comments on OTI Rules"},"content":{"rendered":"<div>May 31, 2013<\/div>\n<div><\/div>\n<div><a href=\"https:\/\/www.fmc.gov\/assets\/1\/Documents\/13_05_AdvNPRulemaking.pdf\">Click here to download document<\/a><\/div>\n","protected":false},"excerpt":{"rendered":"<p>May 31, 2013 Click here to download document<\/p>\n","protected":false},"author":7,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[4],"tags":[],"acf":[],"_links":{"self":[{"href":"https:\/\/www.fmc.gov\/wp-json\/wp\/v2\/posts\/1358"}],"collection":[{"href":"https:\/\/www.fmc.gov\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.fmc.gov\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.fmc.gov\/wp-json\/wp\/v2\/users\/7"}],"replies":[{"embeddable":true,"href":"https:\/\/www.fmc.gov\/wp-json\/wp\/v2\/comments?post=1358"}],"version-history":[{"count":1,"href":"https:\/\/www.fmc.gov\/wp-json\/wp\/v2\/posts\/1358\/revisions"}],"predecessor-version":[{"id":1359,"href":"https:\/\/www.fmc.gov\/wp-json\/wp\/v2\/posts\/1358\/revisions\/1359"}],"wp:attachment":[{"href":"https:\/\/www.fmc.gov\/wp-json\/wp\/v2\/media?parent=1358"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.fmc.gov\/wp-json\/wp\/v2\/categories?post=1358"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.fmc.gov\/wp-json\/wp\/v2\/tags?post=1358"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}
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 Health and Human Services

###### National Institutes of Health

Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), notice is hereby given of the following meeting.

The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals  associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

*Name of Committee:*                         National Center for Complementary and Alternative Medicine Special Emphasis Panel NCCAM SEP ZAT1 K-02.                    

*Date:*                         January 4, 2002.                    

*Time:*                         8:30 a.m. to 3 p.m.                    

*Agenda:*                         To review and evaluate grant applications.                    

*Place:*                         2 Democracy Plaza, 6707 Democracy Boulevard, Conference Room 701, Bethesda, MD 20892.                    

*Contact Person:*                         William A. Kachadorian, PhD., Scientific Review Administrator, Office of Scientific Review, National Center for Complementary and Alternative Medicine, 6707 Democracy Blvd, Ste 106, Bethesda, MD 20892-5475, (301) 594-2014,                         *kachadow@mail.nih.gov.*

Dated: December 10, 2001.

LaVerne Y. Stringfield,

Director, Office of Federal Advisory Committee Policy.

[FR Doc. 01-31047  Filed 12-17-01; 8:45 am]

BILLING CODE 4140-01-M
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EX-10.20






 Exhibit 10.20 

SIXTH AMENDMENT TO LICENSE AGREEMENT 

(University of Michigan Files 3718) 

This Amendment (“Amendment”), dated August 24, 2020 (“Effective Date”), is by and between SeaStar Medical, Inc.
(“LICENSEE”) and the Regents of the University of Michigan (“MICHIGAN”). 
 WHEREAS, Cytopherx Inc. and MICHIGAN entered
into a License Agreement dated 16 October 2007, entered into a First Amendment dated 22 Mar 2011, entered into a Second Amendment dated 8 August 2013, entered into a Third Amendment dated 31 July 2014, entered into a Fourth Amendment
dated June 20 2016 and entered into a Fifth Amendment dated 19 December 2019 (collectively the “License Agreement”); 

WHEREAS, LICENSEE and MICHIGAN desire to modify certain provisions of the License Agreement as provided herein; 

NOW, THEREFORE, LICENSEE and MICHIGAN hereby agree as follows: 
  

	 	1.	 Paragraph 5.2 is hereby deleted in its entirety and replaced with the following: 



Without limiting Paragraph 5.1, LICENSEE agrees to reach the following commercialization and research and development milestones for the
LICENSED PRODUCTS and LICENSED PROCESSES (together the “MILESTONES”) by the following dates: 
  

	 	1)	 Complete pediatric clinical trial by April 1 2020 



 

	 	2)	 Secure at least $5 million in funding (for pediatric device) by July 1 2020 



 

	 	3)	 Execute SCD manufacturing agreement/contract with Fresenius (or equivalent manufacturing partner) by
December 31 2020 


  

	 	4)	 Submit HDE submission with FDA by October 1 2020 (for pediatric device) 



 

	 	5)	 Initiate adult acute kidney injury device clinical trial by March 1 2021 



 

	 	6)	 Receive HDE clearance/approval for pediatric device from FDA by October 1 2021 



 

	 	7)	 FIRST COMMERCIAL SALE for pediatric device by January 1 2022 



 

	 	8)	 Submit for adult device FDA approval/clearance by March 1 2024 



 

	 	9)	 Receive adult device FDA approval/clearance by March 1 2025 



 

	 	10)	 FIRST COMMERCIAL SALE for adult device by June 1 2025 
















	 	2.	 Except as specifically modified and amended above, all other terms and conditions of the License Agreement
remain unchanged and in effect and are hereby ratified and adopted as though fully set forth herein. 


 IN WITNESS WHEREOF, the
undersigned have duly executed this Sixth Amendment as of the date set forth above. 
  

									
	THE REGENTS OF THE UNIVERSITY OF MICHIGAN	 	    	 	SEASTAR MEDICAL, INC.
					
	By:	 	 /s/ Bryce Pilz
	 		 	By:	 	 /s/ Eric Schlorff

	Name: Bryce Pilz	 		 	Title: Chief Executive Officer
	Title: Director of Licensing
Exhibit
31.1


CERTIFICATION





I, Robert
G. Oberosler, Chief Executive Officer, certify that:





1.           I
have reviewed this Quarterly Report on Form 10-QSB of Theater Xtreme
Entertainment Group, Inc.;




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




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




4.           The
small business issuer’s other certifying officer and I are responsible for
establishing and maintaining disclosure controls and procedures (as defined in
Exchange Act Rules 13a-15(e) and 15d-15(e)) for the small business issuer and we
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 small business issuer, including its consolidated
subsidiaries, is made known to us by others within those entities, particularly
during the period in which this report is being prepared;




(b)           Evaluated
the effectiveness of the small business issuer’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 small business issuer’s internal control over
financial reporting that occurred during the small business issuer’s most recent
fiscal quarter that has materially affected, or is reasonably likely to
materially affect, the registrant’s internal control over financial reporting;
and




5.           The
small business issuer’s other certifying officers and I have disclosed, based on
our most recent evaluation of internal control over financial reporting, to the
small business issuer’s auditors and the audit committee of the small business
issuer’s board of directors;




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







Dated:
June 5,
2008                                                        By:
/s/
Robert G. Oberosler


Robert G.
Oberosler


Chairman
of the Board and Chief Executive Officer
#### Saeed AHMED, Petitioner, v. Michael B. MUKASEY, United States Attorney General, Respondent.

No. 07-1298.

United States Court of Appeals, Fourth Circuit.

Submitted: Jan. 31, 2008.

Decided: May 20, 2008.

Anser Ahmad, Ahmad Law Offices, P.C., Harrisburg, Pennsylvania, for Petitioner. Peter D. Keisler, Assistant Attorney General, Ethan B. Kanter, Senior Litigation Counsel, Jeffrey L. Menkin, Office of Immigration Litigation, Washington, D.C., for Respondent.

Before GREGORY and SHEDD, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Saeed Ahmed, a native and citizen of Pakistan, seeks review of an order of the Board of Immigration Appeals (Board) adopting and affirming the decision of the Immigration Judge (IJ) denying relief from removal. Though Ahmed challenges the denial of asylum, we note that the Board specifically upheld the IJ’s finding that Ahmed’s asylum application was untimely. Ahmed does not challenge the finding of untimeliness, and we note that regardless we are without jurisdiction to consider a such a challenge. *See*8 U.S.C.A. § 1158(a)(3) (West 2005).

With regard to withholding of removal under the Immigration and Nationality Act and pursuant to the Convention Against Torture, we find that substantial evidence supports the conclusion that Ahmed was a member of a terrorist organization such that he is barred from that relief. *See*8 U.S.C.A. § 1231(b)(3)(B)(iv) (West 2005); 8 U.S.C.A. § 1182(a)(3)(B)(vi)(III) (West 2005); 8 C.F.R. § 1208.16(d)(2) (2007). Finally, we uphold the finding that Ahmed failed to qualify for the relief of deferral of *294removal under the Convention Against Torture. *See*8 C.F.R. § 1208.16(c)(4) (2007).

We accordingly dismiss in part and deny in part the petition for review. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

*PETITION DISMISSED IN PART AND DENIED IN PART.*