United States Federal Circuit

In a case in which a former immigration judge wished to appeal her termination by the Department of Justice before the Merit Systems Protection Board, the Board's dismissal of the appeal for lack of jurisdiction is affirmed, where the plaintiff had served for less than two continuous years in a permanent position at the time of her removal and so was not an "employee" entitled to appeal under 5 USC section 7511(a)(1)(C)(ii), despite the fact she had two periods of permanent service, separated by a period of temporary appointment, totaling two years.

Appellate Information

• Decided 03/15/2012
• Published 03/15/2012

Judges

• Prost

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Thomas G. Roth, Calvin M. Morrow