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HANSEN v. DEPT. OF HOMELAND SEC.

2017-2584.

911 F.3d 1362 (2018)

Jeffrey A. HANSEN, Petitioner v. DEPARTMENT OF HOMELAND SECURITY, Respondent.

United States Court of Appeals, Federal Circuit.

Decided: December 28, 2018.

Attorney(s) appearing for the Case

MICHAEL J. KATOR , Kator, Parks, Weiser & Harris P.L.L.C., Washington, DC, argued for petitioner. Also represented by DANIEL R. CLARK ; JEREMY D. WRIGHT , Austin, TX.

DOUGLAS G. EDELSCHICK , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for respondent. Also represented by LISA L. DONAHUE , ROBERT E. KIRSCHMAN, JR. , JOSEPH H. HUNT ; MILI R. SMITH , Office of the Associate Chief Counsel, United States Customs and Border Protection, Chicago, IL.

DEBRA A. D'AGOSTINO , The Federal Practice Group Worldwide Service, Washington, DC, for amicus curiae Metropolitan Washington Employment Lawyers Association.

Before O'Malley, Chen, and Stoll, Circuit Judges.

Following a positive drug test, the Department of Homeland Security removed Jeffrey Hansen from his position as an Information Technology Specialist for U.S. Customs and Border Protection. The Merit Systems Protection Board affirmed the agency's decision. Mr. Hansen now appeals, arguing that the Board improperly assigned him...

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