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FOLIO v. DEPARTMENT OF HOMELAND SECURITY

No. 04-3459.

402 F.3d 1350 (2005)

Jeffrey C. FOLIO, Petitioner, v. DEPARTMENT OF HOMELAND SECURITY, Respondent.

United States Court of Appeals, Federal Circuit.

April 5, 2005.

Attorney(s) appearing for the Case

Jeffrey C. Folio, of Denver, Colorado, pro se.

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.

Before MAYER, LOURIE, and BRYSON, Circuit Judges.

DECISION

LOURIE, Circuit Judge.

Jeffrey C. Folio petitions for review of the decision of the Merit Systems Protection Board affirming a decision of the Immigration and Naturalization Service ("INS"), now a part of the Department of Homeland Security, that he was not suitable for employment as an Immigration Inspector. Folio v. Dep't of Homeland Security, No. DE-0731-03-0260-I-2 (M.S.P.B. June 15, 2004) ...

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