ROMERO v. DEPARTMENT OF DEFENSE

No. 2010-3137.

658 F.3d 1372 (2011)

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

United States Court of Appeals, Federal Circuit.

October 3, 2011.


Attorney(s) appearing for the Case

James C. Cox , Jenner & Block, LLP, of Washington, DC, argued for the petitioner. Of counsel on the brief was Arthur B. Spitzer , ACLU of the Nation's Capital, of Washington, DC.

Elizabeth M. Hosford , Senior Trial Counsel, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent. With her on the brief were Tony West , Assistant Attorney General, Jeanne E. Davidson , Director, and Todd M. Hughes , Deputy Director.

Opinion for the court filed by Circuit Judge PROST. Concurring opinion filed by Circuit Judge DYK.


PROST, Circuit Judge.

Wilfredo Romero was employed as an auditor at the Department of Defense ("DoD"). In December 2006, Mr. Romero was removed from his position for failing to maintain his Secret level security clearance. He appealed the removal action to the Merit Systems Protection Board ("MSPB"). The MSPB affirmed the action. This court vacated the MSPB's decision and remanded for the MSPB to determine whether Mr. Romero could show harmful error resulting from...

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