Barry G. Silverman

“In this case, the record adequately supports the conclusion that petitioner was not prejudiced by the error. We affirm.”

“We therefore hold that a properly authenticated WR-424 is admissible in a deportation hearing to prove its contents.”

“We hold today that it is error for a district court to dismiss a mixed habeas petition without first offering the petitioner the options provided in Rose v. Lundy ... we reverse and remand.”

“We hold today that a defendant's term of supervised release is tolled from the time that he absconds from supervision until the time he is found by federal authorities. Accordingly, the district court in this case had jurisdiction to conduct revocation proceedings because a sworn petition to revoke was filed before the term of supervised release, as tolled, had expired.”

“The minute entry in this case was the memorialization of a ruling, not a judgment, and thus did not trigger the 10-day window in which Brown was required to appeal. Accordingly, the district court erred in dismissing Brown's appeal as untimely.”

“She alleges that the Act violates the Fourth Amendment and the Ex Post Facto Clause, that it is an unconstitutional bill of attainder, and that it contravenes separation of powers. We reject these constitutional challenges and affirm.”

“Ryman was not assessed any attendance points for the days he was on family leave, and he has adduced no evidence that he was retaliated or discriminated against in any way for exercising his family leave rights. AFFIRMED.”

“The statute prohibits an alien from receiving both waiver of deportation and cancellation of removal. Therefore, we deny Garcia-Jimenez's petition for review.”

“We hold today that the Class Action Fairness Act of 2005, which permits in general the removal to federal court of high-dollar class actions involving diverse parties, does not supersede 22(a)'s specific bar against removal of cases arising under the '33 Act.”

“The district court dismissed his case with prejudice, and we affirm. We hold again today ... that the Attorney General need not obtain the permission of the FEC before investigating or prosecuting possible violations of federal election laws.”

“We hold today that a momentary checkpoint stop of all vehicles at the entrance of a national park, aimed at preventing illegal hunting ... is reasonable under the Fourth Amendment.”

“The family unity waiver of inadmissibility contained in 1182(d)(11) does not permit petitioner to demonstrate good moral character. Accordingly, the petition for review is DENIED.”