In re: Graham Schiff
In re: Graham Schiff
Opinion
USCA4 Appeal: 25-2019 Doc: 7 Filed: 11/04/2025 Pg: 1 of 2
UNPUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 25-2019
In re: GRAHAM HARRY SCHIFF,
Petitioner.
On Petition for Extraordinary Writ.
Submitted: October 30, 2025 Decided: November 4, 2025
Before RUSHING and BENJAMIN, Circuit Judges, and KEENAN, Senior Circuit Judge.
Petition denied by unpublished per curiam opinion.
Graham Harry Schiff, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 25-2019 Doc: 7 Filed: 11/04/2025 Pg: 2 of 2
PER CURIAM:
Graham Harry Schiff—who currently is serving a Maryland state probationary
sentence—petitions this court pursuant to Fed. R. App. P. 21 for an extraordinary writ,
seeking an order declaring unconstitutional and enjoining enforcement of Exec. Order No.
14,341,
90 Fed. Reg. 42127-28 (Aug. 25, 2025).
This court’s authority to issue extraordinary writs pursuant to Fed. R. App. P. 21 is
governed by the All Writs Act (the Act),
28 U.S.C. § 1651. Under the Act, federal courts
“may issue all writs necessary or appropriate in aid of their respective jurisdictions and
agreeable to the usages and principles of law.”
28 U.S.C. § 1651(a). The Act “is a residual
source of authority to issue writs that are not otherwise covered by statute.” Carlisle v.
United States,
517 U.S. 416, 429(1996) (internal quotation marks omitted). Thus,
probationers may not resort to the Act, or to the common law writs it authorizes, when
another remedy is available. See, e.g., United States v. Swaby,
855 F.3d 233, 238(4th Cir.
2017) (“A writ of coram nobis is an exceptional remedy that may be granted only when a
fundamental error has occurred and no other available remedy exists.”); United States v.
Torres,
282 F.3d 1241, 1245(10th Cir. 2002) (recognizing that writ of audita querela is
unavailable if other remedies are available to petitioner). Because another remedy is
available to Schiff, he fails to satisfy the requirements for relief under the Act. We
therefore deny his petition for an extraordinary writ. We dispense with oral argument
because the facts and legal contentions are adequately presented in the materials before this
court and argument would not aid the decisional process.
PETITION DENIED
2
Reference
- Status
- Unpublished