GARGIULO v. DEPARTMENT OF HOMELAND SEC.

Attorney(s) appearing for the Case

Lawrence Berger , Mahon & Berger, of Glen Cove, New York, New York, argued for petitioner.

Allison Kidd-Miller , 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 Stuart F. Delery , Principal Deputy Assistant Attorney General, Jeanne E. Davidson , Director, Todd M. Hughes , Deputy Director. Of counsel on the brief was Steven E. Colon , TSA Office of Chief Counsel, United States Department of Homeland Security, Arlington, Virginia.

Katherine M. Smith , Attorney, Office of the General Counsel, Merit Systems Protection Board, of Washington, DC, for intervenor. With her on the brief was Bryan G. Polisuk , General Counsel.

Before LOURIE, BRYSON, and TARANTO, Circuit Judges.