alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Ignacio AGUILAR-IXTAS, Petitioner, v. Loretta E. LYNCH, Attorney General, Respondent.

No. 14-70361.

United States Court of Appeals, Ninth Circuit.

Submitted Jan. 20, 2016.*

Filed Jan. 27, 2016.

Henry Cruz, Rios & Cruz, P.S., Seattle, WA, for Petitioner.

John Beadle Holt, Esq., Oil, 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: CANBY, TASHIMA, and NGUYEN, Circuit Judges.

*

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

MEMORANDUM**

Ignacio Aguilar-Ixtas, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen removal proceedings. Our jurisdiction is governed by 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion-to reopen, *Mohammed v. Gonzales,*400 F.3d 785, 791 (9th Cir.2005), and we deny in part and dismiss in part the petition for review.

Aguilar-Ixtas did not raise, and has therefore waived, any challenge to the BIA’s denial of his motion as untimely. *See Rizk v. Holder,*629 F.3d 1083, 1091 n. 3 (9th Cir.2011) (issues not raised in the opening brief are waived).

The record does not support Aguilar-Ixtas’ contention that the BIA failed to consider the correct basis for his hardship claim, where the BIA’s decision evaluated hardship “upon remaining in this country or upon returning” to Mexico.

We lack jurisdiction to review the BIA’s decision not to reopen proceedings sua sponte. *See Mejia-Hernandez v. Holder,*633 F.3d 818, 823-24 (9th Cir.2011).

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.
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NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,

 Plaintiff - Appellee,

 v.

GUSTAVO GAYTAN-SALIM,

 Defendant - Appellant.

No. 14-50493

D.C. No. 3:14-cr-01123-LAB

MEMORANDUM*

Appeal from the United States District Court

for the Southern District of California

Larry A. Burns, District Judge, Presiding

Submitted October 14, 2015** 

Before: SILVERMAN, BYBEE, and WATFORD, Circuit Judges.

Gustavo Gaytan-Salim appeals from the district court’s judgment and

challenges the 75-month sentence imposed following his guilty-plea conviction for

importation of methamphetamine, in violation of 21 U.S.C. §§ 952 and 960. We

have jurisdiction under 28 U.S.C. § 1291, and we affirm.

FILED

OCT 19 2015

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

 * This disposition is not appropriate for publication and is not precedent

except as provided by 9th Cir. R. 36-3.

 ** The panel unanimously concludes this case is suitable for decision

without oral argument. See Fed. R. App. P. 34(a)(2).
Gaytan-Salim contends that the district court erred by declining to award a

minor-role adjustment under U.S.S.G. § 3B1.2(b). We review a district court’s

interpretation of the Guidelines de novo and its determination that a defendant was

not a minor role participant for clear error. See United States v. Hurtado, 760 F.3d

1065, 1068 (9th Cir. 2014), cert. denied, 135 S.Ct. 1467 (2015). The record

reflects that the court properly applied the Guidelines and our precedent,

considering the totality of the circumstances as well as Gaytan-Salim’s role in the

smuggling operation. See id. at 1068-69; United States v. Rodriguez-Castro, 641

F.3d 1189, 1193 (9th Cir. 2011). The district court did not clearly err in denying

the adjustment. See Hurtado, 760 F.3d at 1068-69. 

AFFIRMED.

2 14-50493
Exhibit 23.1

**Consent of Independent Auditors**

We consent to the incorporation by reference in the Registration Statement (Form S-3 No. 333-101410), Registration Statement (Form S-3 No. 333-85760), Registration Statement (Form S-3 No.333-64615) and Registration Statement (Form S-8 No. 333-64607) of our report dated January 24, 2003 with respect to the consolidated financial statements and schedule of American Land Lease, Inc. included in its Annual Report (Form 10-K) for theyear ended December 31, 2002, filed with the Securities and Exchange Commission.

 

|   |   |   |                     |
|--------|--------|--------|--------------------------|
|        |   |   | /s/ ERNST &YOUNG LLP |
|   |   |   |                     |

Denver,ColoradoMarch 19, 2003
1

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

1331 PENNSYLVANIA AVE., N.W., SUITE 520N

WASHINGTON, DC 20004-1710

ORDER

On June 16, 2023, the Commission directed review of the captioned matter and stayed 

briefing. 

On August 31, 2023, the Commission issued its decision in Consol Mining Co., Docket 

No. WEVA 2023-0141, concluding that the Judge erred in denying a settlement motion because 

the Secretary relied on Mechanicsville Concrete and American Aggregates of Michigan to 

support her position.

 

Upon reconsideration of the Secretary’s petition for discretionary review of the Judge’s 

decision in this captioned matter, the direction for review is hereby VACATED. 

_________________________________

Mary Lu Jordan, Chair

_________________________________ 

William I. Althen, Commissioner 

_________________________________ 

Marco M. Rajkovich, Jr., Commissioner

_________________________________ 

Timothy J. Baker, Commissioner 

SECRETARY OF LABOR,

 MINE SAFETY AND HEALTH

 ADMINISTRATION (MSHA) 

v.

POCAHONTAS COAL COMPANY LLC

:

:

:

:

:

:

:

:

Docket No. WEVA 2023-0092

September 7, 2023
2

Distribution:

Emily Toler Scott,

Counsel for Appellate Litigation

U.S. Department of Labor

Office of the Solicitor

Division of Mine Safety & Health

201 12th Street South, Suite 401

Arlington, VA 22202

scott.emily.t@dol.gov

Douglas W. Johnson, CLR

U.S. Department of Labor, MSHA 

1293 Airport Road, 

Beaver, WV 25813

johnson.douglas@dol.gov

Jonathan R. Ellis, 

STEPTOE & JOHNSON PLLC 

Chase Tower, Seventeenth Floor 

P.O. Box 1588, 

Charleston, WV 25326

jonathan.ellis@steptoe-johnson.com

Michael G. Young,

Administrative Law Judge

Federal Mine Safety and Health Review Commission

Office of Administrative Law Judges,

1331 Pennsylvania Ave, NW, Suite 520N

Washington, DC 20004

myoung@fmshrc.gov
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 

TIME AND DATE: 

PLACE: 

November 2, 2012 

10:00 a.m., Friday, November 16, 2012 

The Richard V. Backley Hearing Room, Room 511N, 1331 

Pennsylvania Avenue, NW, Washington, DC 20004 (entry 

from F Street entrance) 

STATUS: Open 

MATTERS TO BE 

CONSIDERED: 

CONTACT PERSON 

FOR MORE INFO: 

The Commission will hear oral argument in the matter 

Secretary of Labor v. Wolf Run Mining Co., Docket No. WEVA 

2008-1265. (Issues include whether the Administrative Law 

Judge correctly construed the "repeated failure" language of 

section 110(b)(2) of the Mine Act.) 

Any person attending this oral argument who requires special 

accessibility features and/or auxiliary aids, such as sign 

language interpreters, must inform the Commission in advance 

of those needs. Subject to 29 C.F.R. § 2706.150(a)(3) and 

§ 2706.160(d). 

Jean Ellen (202) 434-9950 1 (202) 708-9300 for TDD 

Relay I 1-800-877-8339 for toll free.
[Federal Register Volume 66, Number 27 (Thursday, February 8, 2001)]
[Notices]
[Pages 9561-9562]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-3226]


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

DEPARTMENT OF DEFENSE

Department of the Navy


Intent to Grant Exclusive Patent License; T-Wave Corporation

AGENCY: Department of the Navy, DOD.

ACTION: Notice.

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

SUMMARY: The Department of the Navy hereby gives notice of its intent 
to grant to T-Wave Corporation, a revocable, nonassignable, exclusive 
license to practice worldwide the Government-owned inventions described 
in U.S. Patent No. 6,094,599 issued 25 July 2000, entitled ``RF 
Diathermy and Faradic Muscle Stimulation''; in the field of Body-
Friendly Radio-Frequency (RF) warming devices.

DATES: Anyone wishing to object to the grant of this license must file 
written objections along with supporting evidence, if any, not later 
than February 23, 2001.

ADDRESSES: Written objections are to be filed with the Office of 
Technology Transfer, Naval Medical Research Center, 503 Robert Grant 
Ave., Silver Spring, MD 20910-7500.

FOR FURTHER INFORMATION CONTACT: Dr. Charles Schlagel, Director, Office 
of Technology Transfer, Naval Medical

[[Page 9562]]

Research Center, 503 Robert Grant Ave., Silver Spring, MD 20910-7500, 
telephone (301) 319-7428.

(Authority: 35 U.S.C. 207, 209, 37 CFR Part 404.)


    Dated: January 19, 2001.
J.L. Roth,
Lieutenant Commander, Judge Advocate General's Corps, U.S. Navy, 
Federal Register Liaison Officer.
[FR Doc. 01-3226 Filed 2-7-01; 8:45 am]
BILLING CODE 3810-FF-U
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</TABLE>
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 Energy

###### Federal Energy Regulatory Commission

          - [Docket No. RP99-301-035]

Take notice that on December 17, 2001, ANR Pipeline Company (ANR) tendered for filing and approval a Service Agreement between ANR and Duke Energy Fuels, L.P., pursuant to ANR's Rate Schedule FTS-1, and a related Negotiated Rate Letter Agreement. ANR requests that the Commission accept and approve the agreements to be effective December 15, 2001.

                    Any person desiring to be heard or to protest said filing should file a motion to intervene or a protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with Sections 385.214 or 385.211 of the Commission's Rules and Regulations. All such motions or protests must be filed in accordance with Section 154.210 of the Commission's Regulations. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceedings. Any person wishing to become a party must file a motion to intervene. Copies of this filing are on file with the Commission and are available for public inspection. This filing may also be viewed on the Web at                     *http://www.ferc.gov*                     using the “RIMS” link, select “Docket#” and follow the instructions (call 202-208-2222 for assistance). Comments, protests and interventions may be filed electronically via the Internet in lieu of paper. See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the “e-Filing” link.                

Linwood A. Watson, Jr.,

Acting Secretary.

[FR Doc. 01-32190 Filed 12-31-01; 8:45 am]

BILLING CODE 6717-01-P
**FEDERALMINE SAFETY AND HEALTH REVIEW COMMISSION**

 

SUNSHINE ACT NOTICE

 

BAC 6735-01

 

June 8, 2016

 

 

TIMEAND DATE:                10:00 a.m., Thursday, July 14, 2016

 

PLACE:                                  TheRichard V. Backley Hearing Room, Room 511N, 1331 Pennsylvania Avenue, NW,Washington, DC 20004 (enter from  F Street entrance)

 

STATUS:                                Open

 

MATTERSTO BE 

CONSIDERED:                     TheCommission will consider and act upon the following in open session: *Secretaryof Labor v. The American Coal Company,*Docket No. LAKE 2011-13**(Issuesinclude whether the Judge erred by denying the Secretary’s motion to approve a proposedsettlement because the Judge concluded that more information was needed.)

 

 

Any person attending this meeting who requires specialaccessibility features and/or auxiliary aids, such as sign languageinterpreters, must inform the Commission in advance of those needs. Subject to29 C.F.R. § 2706.150(a)(3) and § 2706.160(d).

 

 

CONTACTPERSON 

FOR MORE INFO:                EmogeneJohnson (202) 434-9935 / (202) 708-9300 for TDD

                                                Relay/ 1-800-877-8339 for toll free.

 

 

 

 

 

 

 

                                                __________________________________

                                                SarahL. Stewart

                                                DeputyGeneral Counsel
#### Aneap SIAD, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent.

No. 06-74850.

United States Court of Appeals, Ninth Circuit.

*176Submitted Nov. 16, 2010.*

Filed Nov. 22, 2010.

E. Dennis Muchnieki, Esquire, Muchnicki Law, Dublin, OH, for Petitioner.

Melissa Leibman, Esquire, U.S. Department of Justice, Civil Division/Office of Immigration Litigation, Washington, DC, CAC-District Counsel, Esquire, Office of the District Counsel Department of Homeland Security, Los Angeles, CA, Ronald E. LeFevre, Office of the District Counsel Department of Homeland Security, San Francisco, CA, for Respondent.

Before: TASHIMA, BERZON, and CLIFTON, Circuit Judges.

*

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

MEMORANDUM **

Aneap Siad, native and citizen of Somalia, petitions for review of a Board of Immigration Appeals’ order dismissing her appeal from an immigration judge’s decision denying her application for asylum and withholding of removal. Our jurisdiction is governed by 8 U.S.C. § 1252. We review for substantial evidence factual findings. *Farah v. Ashcroft,*348 F.3d 1153, 1156 (9th Cir.2003). We dismiss in part and deny in part the petition for review.

We lack jurisdiction to review the agency’s determination that Siad failed to timely file her asylum application because the underlying facts are disputed. *Cf Ramadan v. Gonzales,*479 F.3d 646, 650 (9th Cir.2007) (per curiam).

We deny Siad’s claim for withholding of removal because substantial evi*177dence supports the agency’s adverse credibility determination based on the omission from Siad’s asylum application that she was grazed by bullets as she fled the orphanage in Somalia, which formed the basis for her claim. *See Kin v. Holder,*595 F.3d 1050, 1057 (9th Cir.2010).

Siad’s request for oral argument is denied.

PETITION FOR REVIEW DISMISSED in part. DENIED in part.

**

 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
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<PERIOD-START>                             JAN-01-1995
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</TABLE>
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

SUNSHINE ACT NOTICE

BAC 6735-01

May 6, 2019

TIME AND DATE: 10:00 a.m., Thursday, May 23, 2019

PLACE: The Richard V. Backley Hearing Room, Room 511N, 1331 

Pennsylvania Avenue, NW, Washington, DC 20004 (enter from 

F Street entrance)

STATUS: Open 

MATTERS TO BE 

CONSIDERED: The Commission will consider and act upon the following in open 

session: Secretary of Labor v. Solar Sources Mining, LLC, Docket 

No. LAKE 2017-52. (Issues include whether the Secretary 

possesses unreviewable discretion to withdraw a specially assessed 

proposed penalty.)

Any person attending this meeting who requires special 

accessibility features and/or auxiliary aids, such as sign language 

interpreters, must inform the Commission in advance of those 

needs. Subject to 29 C.F.R. § 2706.150(a)(3) and § 2706.160(d).

CONTACT PERSON 

FOR MORE INFO: Emogene Johnson (202) 434-9935 / (202) 708-9300 for TDD

Relay / 1-800-877-8339 for toll free.

PHONE NUMBER

FOR LISTENING TO 

MEETING: 1-(866) 867-4769

Passcode: 678-100

__________________________________

Sarah L. Stewart

Deputy General Counsel
|   | (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. |
|--------|-----|------------------------------------------------------------------------------------------------------------------------------------------------------|

|                             |                        |
|----------------------------------|-----------------------------|
| Date:  August 10, 2009 | /s/ Thomas B. Akin          |
|                             | Thomas B. Akin              |
|                             | Principal Executive Officer |
|                             |                        |
| Date:  August 10, 2009 | /s/ Stephen J. Benedetti    |
|                             | Stephen J. Benedetti        |
|                             | Principal Financial Officer |