United States Federal Circuit

The Merit Systems Protection Board's(Board) decision that plaintiff was not suitable for employment as an immigration inspector is vacated where the Board improperly decided that its jurisdiction in unsuitability cases is limited to a review of the factual underpinnings of the allegations on which the unsuitability charges are based.

Appellate Information

• Decided 04/05/2005
• Published 04/05/2005

Judges

• Before MAYER, LOURIE, and BRYSON, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Jeffrey C. Folio, of Denver, Colorado, pro se.


• For Appellees:
  
• John S. Groat, Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, for respondent.   With him on the brief were Peter D. Keisler, Assistant Attorney General, and David M. Cohen, Director.   Of counsel was Donald E. Kinner.   Of counsel on the brief were Steven E. Abow and Risa B. Cherry, Attorneys, Office of the General Counsel, United States Office of Personnel Management.   Of counsel was Justin Mason.