
    James BLACK, Petitioner, v. DEPARTMENT OF HOMELAND SECURITY, Respondent.
    No. 2009-3144.
    United States Court of Appeals, Federal Circuit.
    Dec. 10, 2009.
    Michael P. Baranic, Gattey and Baranic, APLC, of San Diego, California, argued for petitioner.
    Elizabeth M. Hosford, Senior Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent. With her on the brief were Tony West, Assistant Attorney General, Jeanne E. Davidson, Director, and Todd M. Hughes, Deputy Director.
    Before MICHEL, Chief Judge, GAJARSA, Circuit Judge, and KENDALL, District Judge.
    
      
      The Honorable Virginia M. Kendall, District Judge, of the Northern District of Illinois, sitting by designation.
    
   Judgment

PER CURIAM.

This CAUSE having been heard and considered, it is ORDERED and ADJUDGED:

AFFIRMED. See Fed. Cir. R. 36.  