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NYUNT v. CHAIRMAN, BROADCASTING BD. OF GOVERNORS

No. 08-5127.

589 F.3d 445 (2009)

Kyaw Zaw NYUNT, Appellant v. CHAIRMAN, BROADCASTING BOARD OF GOVERNORS, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided December 18, 2009.

Attorney(s) appearing for the Case

Timothy B. Shea argued the cause and filed the briefs for appellant.

Alan Burch, Assistant U.S. Attorney, argued the cause for appellee. With him on the brief was R. Craig Lawrence, Assistant U.S. Attorney.

Opinion for the Court filed by Circuit Judge KAVANAUGH.

KAVANAUGH, Circuit Judge:

Unlike many U.S. Government agencies, the Broadcasting Board of Governors is authorized to hire non-U.S.-citizens. But there is a catch: The BBG may do so only when no "suitably qualified" U.S. citizen is available to fill the job in question. 22 U.S.C. § 1474(1).

Nyunt is a U.S. citizen who worked at the BBG, applied for a promotion, and lost out to a non-U.S.-citizen. He sued the BBG, claiming he was "suitably qualified" and...

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