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YOUNIES v. MERIT SYSTEMS PROTECTION BD.

No. 2011-3031.

662 F.3d 1215 (2010)

Ahmed M. YOUNIES, Petitioner, v. MERIT SYSTEMS PROTECTION BOARD, Respondent.

United States Court of Appeals, Federal Circuit.

December 5, 2010.

Attorney(s) appearing for the Case

Bryan Schwartz , Bryan Schwartz Law, of Oakland, CA, argued for petitioner.

Katherine M. Smith , Attorney, Office of the General Counsel, Merit Systems Protection Board, of Washington, DC, argued for respondent. With her on the brief were James M. Eisenmann , General Counsel, and Keisha Dawn Bell , Deputy General Counsel.

Before LINN, PROST and REYNA, Circuit Judges.

PROST, Circuit Judge.

Ahmed M. Younies, a former employee of the U.S. Department of Labor, appeals the decision of the Merit Systems Protection Board ("MSPB"). The MSPB determined that it lacked subject matter jurisdiction over Mr. Younies's appeal because the Department of Labor did not rely on pre-probationary reasons in terminating his employment. Because substantial evidence supports the MSPB's determination, we affirm the MSPB's dismissal of Mr. Younies's appeal...

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