No. 2007-3322.

527 F.3d 1324 (2008)

Wilfredo ROMERO, Petitioner, v. DEPARTMENT OF DEFENSE, Respondent.

United States Court of Appeals, Federal Circuit.

June 2, 2008.

Attorney(s) appearing for the Case

Wilfredo Romero, of Laurel, MD, pro se.

Tara J. Kilfoyle, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, for respondent. With her on the brief were Jeffrey S. Bucholtz, Acting Assistant Attorney General, Jeanne E. Davidson, Director, and Todd M. Hughes, Deputy Director.

Arthur B. Spitzer, American Civil Liberties Union of the National Capital Area, of Washington, DC, for amicus curiae American Civil Liberties Union of the National Capital Area.

Before LOURIE, BRYSON, and DYK, Circuit Judges.

BRYSON, Circuit Judge.

Wilfredo Romero was employed as an auditor for the Office of Inspector General at the Department of Defense. In December 2006 Mr. Romero was removed from his position for failing to maintain his security clearance. He appealed the removal action to the Merit Systems Protection Board. The Board affirmed the action, holding that it could not review the merits underlying a security clearance revocation. Because the Board did not address whether...

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