alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

HAOTONG WANG, 

Petitioner, 

 v. 

MERRICK B. GARLAND, Attorney 

General, 

Respondent.

No. 15-73560 

Agency No. A089-891-260 

MEMORANDUM*

On Petition for Review of an Order of the

Board of Immigration Appeals

Submitted May 17, 2022**

Before: CANBY, TASHIMA, and NGUYEN, Circuit Judges.

Haotong Wang, a native and citizen of China, petitions pro se for review of 

the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an 

immigration judge’s decision denying his application for asylum, withholding of 

removal, and relief under the Convention Against Torture (“CAT”). We have 

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

except as provided by Ninth Circuit Rule 36-3.

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

without oral argument. See Fed. R. App. P. 34(a)(2).

FILED

MAY 26 2022

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 15-73560 

jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence the 

agency’s factual findings, applying the standards governing adverse credibility 

determinations under the REAL ID Act. Shrestha v. Holder, 590 F.3d 1034, 1039-

40 (9th Cir. 2010). We deny the petition for review.

Substantial evidence supports the agency’s adverse credibility determination 

based on Wang’s inconsistent testimony regarding which day of the week he 

reported to the police and whether he was expelled from school, as well as his 

demeanor during testimony. See id. at 1048 (adverse credibility determination 

reasonable under “the totality of circumstances”); Lalayan v. Garland, 4 F.4th 822, 

839 (9th Cir. 2021) (the court accords special deference to an IJ’s demeanor 

findings regarding non-verbal factors). Wang’s explanations do not compel a 

contrary conclusion. See Lata v. INS, 204 F.3d 1241, 1245 (9th Cir. 2000). Thus, 

in the absence of credible testimony, in this case, Wang’s asylum and withholding 

of removal claims fail. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir. 

2003). 

We do not reach Wang’s remaining contentions regarding corroboration or 

the merits of his claims. See Simeonov v. Ashcroft, 371 F.3d 532, 538 (9th Cir. 

2004) (courts and agencies are not required to decide issues unnecessary to the 

results they reach).

We do not consider the materials Wang references in his opening brief that 
3 15-73560 

are not part of the administrative record. See Fisher v. INS, 79 F.3d 955, 963-64 

(9th Cir. 1996) (en banc).

Substantial evidence also supports the agency’s denial of Wang’s CAT 

claim because it was based on the same testimony found not credible, and the 

record does not otherwise compel the conclusion that it is more likely than not he 

would be tortured by or with the consent or acquiescence of the government if 

returned to China. See Shrestha, 590 F.3d at 1048-49.

The temporary stay of removal remains in place until issuance of the 

mandate.

PETITION FOR REVIEW DENIED.
[Federal Register Volume 67, Number 1 (Wednesday, January 2, 2002)]
[Notices]
[Page 54]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-32136]


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

DEPARTMENT OF AGRICULTURE

Forest Service


Del Norte County Resource Advisory Committee

AGENCY: Forest Service, USDA.

ACTION:  Notice of meeting.

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

SUMMARY: The Del Norte County Resource Advisory Committee (RAC) will 
meet on January 29, 2002 in Crescent City, California. The purpose of 
the meeting is to discuss the selection of Title II projects under 
Public Law 106-393, H.R. 2389, the Secure Rural Schools and Community 
Self-Determination Act of 2000, also called the ``Payments to States'' 
Act.

DATES: The meeting will be held on January 29, 2002 from 6 to 8 p.m.

ADDRESSES: The meeting will be held at the Elk Valley Rancheria 
Community Center, 2298 Norris Avenue, Suite B, Crescent City, 
California.

FOR FURTHER INFORMATION CONTACT: Laura Chapman, Committee Coordinator, 
USDA, Six Rivers National Forest, 1330 Bayshore Way, Eureka, CA 95501. 
Phone: (707) 441-3549. E-mail: <a href="/cdn-cgi/l/email-protection#ad9ccec5ccddc0ccc3edcbde83cbc8c983d8de"><span class="__cf_email__" data-cfemail="3d0c5e555c4d505c537d5b4e135b585913484e">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: This will be the second meeting of the 
committee, and will focus on establishing meeting norms and committee 
operating guidelines, as well as the process for selecting Title II 
projects. The meeting is open to the public. Public input opportunity 
will be provided and individuals will have the opportunity to address 
the committee at that time.

    Dated: December 21, 2001.
S.E. ``Lou'' Woltering,
Forest Supervisor.
[FR Doc. 01-32136 Filed 12-31-01; 8:45 am]
BILLING CODE 3410-11-M


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-15-00657-CV

Chris Traylor, as Executive Commissioner of the Texas Health and Human Services

Commission; and the Texas Health and Human Services Commission, Appellants

v.

Diana D., as next friend of KD, a child; Karen G., as next friend of TG and ZM, children;

Guadalupe P., as next friend of LP, a child; Sally L., as next friend of CH, a child; Dena D.,

as next friend of BD, a child; OCI Acquisition, LLC d/b/a Care Options for Kids;

Connectcare Solutions, LLC d/b/a Connectcare Therapy for Kids; Atlas Pediatric Therapy

Consultants LLC; and Pathfinder Pediatric Home Care, Inc., Appellees

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 200TH JUDICIAL DISTRICT

NO. D-1-GN-15-003263, HONORABLE TIM SULAK, JUDGE PRESIDING

O R D E R

PER CURIAM

On April 21, 2016, this Court issued its opinion and judgment, dismissing appellees’

claims asserted against the Texas Health and Human Services Commission and its Executive

Commissioner for lack of jurisdiction. We further reversed and vacated the trial court’s temporary

injunction and dismissed as moot appellants’ rule 24.4 motion to vacate counter-supersedeas

order or, in the alternative, increase counter-supersedeas bond. See Tex. R. App. P. 24.4. On

June 1, 2016, the Texas Supreme Court granted appellees’ unopposed motion to extend time to file

a petition for review from this Court’s opinion and judgment with the Texas Supreme Court and

assigned cause number 16-0405 to the appeal.
On June 15, 2016, appellees filed an emergencymotion for writ of enforcement with

this Court, requesting that this Court issue an order referring an enforcement proceeding to the trial

court pursuant to Rule 29.4 of the Texas Rules of Appellate Procedure. See Tex. R. App. P. 29.4. 

On this Court’s request, appellants have filed a response. The parties join issue with the effect of

this Court’s ruling in our opinion on appellants’ rule 24.4 motion. Neither party, however, filed a

motion for rehearing, and the appeal is now pending before the Texas Supreme Court. Rule 29.4

expressly provides that “only the appellate court in which the appeal is pending may enforce the

[interlocutory] order.” Tex. R. App. P. 29.4. Thus, because the appeal is not pending before this

Court, we deny appellees’ emergency motion for writ of enforcement.

It is ordered June 20, 2016.

Before Justices Puryear, Goodwin, and Field

2
H. R. 3419 

One Hundred Seventeenth Congress 

of the 

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Monday, 

the third day of January, two thousand and twenty-two 

An Act 

To designate the facility of the United States Postal Service located at 66 Meserole 

Avenue in Brooklyn, New York, as the ‘‘Joseph R. Lentol Post Office’’. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. JOSEPH R. LENTOL POST OFFICE. 

(a) DESIGNATION.—The facility of the United States Postal 

Service located at 66 Meserole Avenue in Brooklyn, New York, 

shall be known and designated as the ‘‘Joseph R. Lentol Post 

Office’’. 

(b) REFERENCES.—Any reference in a law, map, regulation, 

document, paper, or other record of the United States to the facility 

referred to in subsection (a) shall be deemed to be a reference 

to the ‘‘Joseph R. Lentol Post Office’’. 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.
<TABLE> <S> <C>

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<NET-INCOME>               (3614)
<EPS-PRIMARY>               (.60)
<EPS-DILUTED>               (.60)
        

</TABLE>
# C o u rt o f

A p p ea ls

o f t h e S t a te o f

G eo rg ia

ATLANTA,_

_ _ __ _ _ __ _ __ _ _ _ _ _ __ _

Th e Co u rt

o f Ap p ea l s h er eb y p a s s es t h e f

o ll owi n g o r der :

A1 8 A1 16 1 . RUFUS CHARLES W I THERSPOON v . THE STATE.

In 1 9 9 0

, Ru fu s Ch arl es W i t h ers p o o n was co n v i ct ed o f fel o n y m urd er an d o t h er
cri m es an d s en ten ced t o l i fe i n p ri s o n

. Th e Su p rem e Co u rt affi rm ed h i s co nv i ct i o n s

. See W i t h er s p o o n v. S t a t e , 2 6 2 Ga. 2 (4 1 2 SE2 d 82 9 ) (1 9 92 ). In 2 0 1 7 , W i t h ers p o o n

f i l e d two p ro se m o t i o n s i n arres t o f ju d g m en t

, wh i ch t he tri al co u rt d en i ed

. H e

t h ereaft er fi l ed t h i s ap p eal . W e l ack ju ri sd i ct i o n

. Un d er o u r Co ns t it u t i o n , t h e Su p rem e Co u rt h as ap p el l at e ju ri s d i c t i o n o v er

“ [a] l l cas es i n wh i c h a s en t en ce o f deat h was im p o s ed o r co u l d b e i m

p o s ed .” Ga.

Co n s t

. of 19 8 3

, A r t

. V I

, Sec. VI, Par. III (8 ). Becau s e a p en al t y o f d eat h can b e

i m p o s ed fo r th e cri m e o f fel on y m u rd er, j u ri s d i ct i o n i s p ro per i n t h e Su p rem e Co u rt

. See OCGA § 1 6 -5 -1 (c), (e) (1 ); Nea l v. S ta t e , 2 9 0 Ga. 5 6 3

, 5 7 2 ( 7 2 2 SE2 d 7 6 5 )
(2 0 1 2) (Hu n st ei n , C. J

., co n cu rri n g ); s ee al s o S t a t e v. Th o r n t on , 2 5 3 Ga. 5 2 4

, 5 2 4 (1 )
(3 2 2 SE2 d 7 1 1 ) (1 98 4 ) (d i rect i n g t h i s Co urt t o t ran s fer “ al l cas es in wh i ch e i t h er a

s en t en ce o f d eat h o r of l i fe i m p ri s o n m en t h as b een i m

p o s ed u po n co n v ict i o n o f

m u rd er”). A cco rd i n gl y , W i t hers p o o n ’ s ap p eal i s h ereb y T RANSFERRED t o t h e

Su p rem e Co u rt fo r d i s p o s i t i o n

.
C o u r t o f A p p e a l s o f t h e S t a t e o

f G e o r g ia

C le r k ’ s O f f i c e
, A t la n t a
,

_

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ I c e r t if y t h a t th e a b o v e i s a t r u e e x t r a c t f r o m

t h e m i n u t e s o

f t h e C o u r t o

f A p p e a l s o f G e o r g i a

. W i tn e s s m y s i g n a t u r e a n d t h e s e a l o

f s a i d c o u r t

h e r e t o a f f i x e d t h e d a y a n d y e a r l a s t a b o v e w r i t t e n

.

, C l e r k

. February 12, 2018

02/12/2018
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr.

, Chief Justice

Michael F. Cavanagh

Stephen J. Markman

Mary Beth Kelly

Brian K. Zahra

Bridget M. McCormack

David F. Viviano

, 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 March 27, 2013

t0320 

# Order

March 27, 2013

145612

- 3 & (147)

145622

- 3

MEGAN SMITH, NICOLE KELLY,

ROSHAWNDA WILLIAMS, and NICOLE

JOHNSON,

Plaintiffs

- Appellees,

v SC: 145612

- 3

COA: 309447, 309894

Genesee CC: 11

- 097052

- CZ

DEPARTMENT OF HUMAN SERVICES

DIRECTOR,

Defendant

- Appellant.

_________________________________________/

MEGAN SMITH, NICOLE KELLY,

ROSHAWNDA WILLIAMS, and NICOLE

JOHNSON,

Plaintiffs

- Appellants,

v SC: 145622

- 3

COA: 309447, 309894

Genesee CC: 11

- 097052

- CZ

DEPARTMENT OF HUMAN SERVICES

DIRECTOR,

Defendant

- Appellee.

_________________________________________/

By order of January 25, 2013, the parties were directed to file supplemental briefs.

In lieu of supplemental briefs, the parties have filed a joint motion to vacate the Court of

Appeals decision and dismiss the applications for leave to appeal. On order of the Court,

the motion is GRANTED in part, and the applications for leave to appeal are

DISMISSED with prejudice and without costs, and the Court of Appeals opinion at 296

Mich App 148 (2012) is VACATED as moot.

M C C ORMACK

, J. , not participating.

V I VIANO

, J., not participating.
```

[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1631 Engrossed Amendment Senate (EAS)]

103d CONGRESS

  2d Session

                               H. R. 1631

_______________________________________________________________________

                               AMENDMENT
  
  
  
  
  
  
  
  
  
  

                  In the Senate of the United States,

                                May 25 (legislative day, May 16), 1994.
      Resolved, That the bill from the House of Representatives (H.R. 
1631) entitled ``An Act to amend title 11, District of Columbia Code, 
to increase the maximum amount in controversy permitted for cases under 
the jurisdiction of the Small Claims and Conciliation Branch of the 
Superior Court of the District of Columbia'', do pass with the 
following

                               AMENDMENT:

            Page 1, line 5, strike out [1993] and insert: 1994

            Attest:

                                                             Secretary.
```
CONSENT OF INDEPENDENT AUDITORS




We consent to the incorporation by reference in the Registration Statement (Form
S-8 No.  33-42605)  of Asset  Investors  Corporation  of our  reports  (a) dated
February 28, 1997,  with respect to the  consolidated  financial  statements  of
Asset Investors Corporation and (b) dated February 10, 1997, with respect to the
financial  statements of Commercial Assets,  Inc., both of which are included in
this Annual Report (Form 10-K) for the year ended December 31, 1996.



                                                               ERNST & YOUNG LLP

Phoenix, Arizona
March 26, 1997
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<ARTICLE> 5
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THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
QUARTERLY REPORT ON FORM 10-Q OF SUNLIGHT SYSTEMS, LTD. FOR THE QUARTER ENDED
SEPTEMBER 30, 1996 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FORM
10-Q.
</LEGEND>
       
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<FISCAL-YEAR-END>                          JUN-30-1996
<PERIOD-END>                               SEP-30-1996
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<SECURITIES>                                         0
<RECEIVABLES>                                   87,233
<ALLOWANCES>                                         0
<INVENTORY>                                    103,001
<CURRENT-ASSETS>                               201,646
<PP&E>                                          69,822
<DEPRECIATION>                                   3,244
<TOTAL-ASSETS>                               1,351,634
<CURRENT-LIABILITIES>                           87,875
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           900
<OTHER-SE>                                   1,411,733
<TOTAL-LIABILITY-AND-EQUITY>                 1,351,634
<SALES>                                         13,118
<TOTAL-REVENUES>                                13,118
<CGS>                                            3,685
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                               158,307
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<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                      0
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<INCOME-CONTINUING>                          (148,874)
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<CHANGES>                                            0
<NET-INCOME>                                 (148,874)
<EPS-PRIMARY>                                    (.01)
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</TABLE>
I

103D CONGRESS

1ST SESSION H. R. 1714

To provide that determinations relating to annuity benefits under the Civil

Service Retirement System or the Federal Employees’ Retirement System

for survivors of individuals separating before October 1, 1993, shall

be made in accordance with applicable provisions of law, as in effect

on March 31, 1993.

IN THE HOUSE OF REPRESENTATIVES

APRIL 7, 1993

Mr. WYNN introduced the following bill; which was referred to the Committee

on Post Office and Civil Service

A BILL

To provide that determinations relating to annuity benefits

under the Civil Service Retirement System or the Federal

Employees’ Retirement System for survivors of individuals separating before October 1, 1993, shall be made

in accordance with applicable provisions of law, as in

effect on March 31, 1993.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

•HR 1714 IH

1 SECTION 1. REQUIREMENT THAT CERTAIN SURVIVOR AN2 NUITY DETERMINATIONS BE MADE BASED ON

3 APPLICABLE PROVISIONS OF LAW AS IN EF4 FECT ON MARCH 31, 1993.

5 (a) REQUIREMENT.—

6 (1) IN GENERAL.—Any determination relating

7 to survivor annuity benefits under the provisions of

8 subchapter III of chapter 83 or chapter 84 of title

9 5, United States Code (including determinations re10 lating to eligibility for benefits, the amount of any

11 benefits payable, and the commencement and termi12 nation dates of any such benefits) shall, with respect

13 to a survivor whose benefits are based (or would be

14 based) on service of an employee or Member of Con15 gress described in paragraph (2), be made in accord16 ance with applicable provisions of law, as in effect

17 on March 31, 1993.

18 (2) CONDITION.—This subsection shall apply

19 only if, or to the extent that, the survivor annuity

20 involved is based (or would be based) on the service

21 of an employee or Member of Congress whose date

22 of death or retirement is before October 1, 1993.

23 (b) SPECIFIC–REFERENCE REQUIREMENT.—Nothing

24 in this Act shall be considered superseded by any provision

25 of law enacted after the date of the enactment of this Act,
3

•HR 1714 IH

1 except if, or to the extent that, the relevant provisions of

2 this Act are specifically referenced.

3 SEC. 2. DEFINITIONS.

4 For the purpose of this Act, the terms ‘‘survivor’’,

5 ‘‘employee’’, and ‘‘Member of Congress’’ have the same

6 respective meanings as are given them under subchapter

7 III of chapter 83 or chapter 84 of title 5, United States

8 Code, as applicable.

Æ
_______________________________________ __ Michigan Supreme Court 

# Order

Lansing, Michigan



### November 25, 2008 Clifford W. Taylor, Chief Justice

Michael F. Cavanag h Elizabeth A. Weave r 

### 137088 & (53)(54) Marilyn Kell y Maura D. Corriga n Robert P. Young, Jr. Stephen J. Markman, J ustices 

### PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee,

v SC: 137088 COA: 277878 Wayne CC: 06-010995-01 MICHAEL BRUCE CURB, Defendant-Appellant.

________________ _________________________/

On order of the Court, the motion for immediate consideration is GRANTED. The application for leave to appeal the July 1, 2008 judgment of the Court of Appeals is considered, and it is DENIED, because we are not persuaded that th e questions presented should be reviewed by this Court. The motion for correction of sentence is DENIED.

d1117 I, Corbin R. Davis, Clerk of the Mi chigan Supreme Cour t, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

November 25, 2008

Clerk
#### Johnnie Elvin McKELVEY, Petitioner-Appellant, v. Mildred L. RIVERA, Warden, Respondent-Appellee.

No. 10-7253.

United States Court of Appeals, Fourth Circuit.

Submitted: Dec. 16, 2010.

Decided: Dec. 29, 2010.

Johnnie Elvin McKelvey, Appellant Pro Se.

Before GREGORY, DUNCAN, and DAVIS, Circuit Judges.

Affirmed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

*710PER CURIAM:

Johnnie Elvin McKelvey, a federal prisoner, appeals the district court’s order adopting the recommendation of the magistrate judge and denying relief on his 28 U.S.C.A. § 2241 (West 2006 & Supp.2010) petition. We have reviewed the record and find no reversible error. Accordingly, although we grant leave to proceed in for-ma pauperis, we affirm for the reasons stated by the district court. *McKelvey v. Rivera,*No. 4:10-cv-00422-HFF, 2010 WL 2985963 (D.S.C. July 27, 2010). We deny McKelvey’s motion to seal and 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.

*AFFIRMED.*
```

[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 168 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 168

  To designate the Federal building to be constructed between Gay and 
    Market Streets and Cumberland and Church Avenues in Knoxville, 
  Tennessee, as the ``Howard H. Baker, Jr. United States Courthouse''.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 5, 1993

  Mr. Duncan introduced the following bill; which was referred to the 
              Committee on Public Works and Transportation

_______________________________________________________________________

                                 A BILL

 
  To designate the Federal building to be constructed between Gay and 
    Market Streets and Cumberland and Church Avenues in Knoxville, 
  Tennessee, as the ``Howard H. Baker, Jr. United States Courthouse''.

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

SECTION 1. DESIGNATION.

    The Federal building to be constructed between Gay and Market 
Streets and Cumberland and Church Avenues in Knoxville, Tennessee, 
shall be known and designated as the ``Howard H. Baker, Jr. United 
States Courthouse''.

SEC. 2. REFERENCES.

    Any reference in a law, map, regulation, document, paper, or other 
record of the United States to the Federal building referred to in 
section 1 shall be deemed to be a reference to the ``Howard H. Baker, 
Jr. United States Courthouse''.

                                 <all>
```