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PHAM v. NAT. TRANSP SAFETY BD.

No. 21-1062 Consolidated with No. 21-1083.

33 F.4th 576 (2022)

Ydil W. PHAM, Petitioner v. NATIONAL TRANSPORTATION SAFETY BOARD and Federal Aviation Administration, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided May 10, 2022.

Attorney(s) appearing for the Case

Alan Armstrong argued the cause and filed the briefs for petitioner/cross-respondent.

Joshua M. Koppel , Attorney, U.S. Department of Justice, argued the cause for respondents/cross-petitioners. With him on the briefs were Brian M. Boynton , Acting Assistant Attorney General, Abby C. Wright , Attorney, Cynthia A. Dominik , Assistant Chief Counsel for Enforcement, Federal Aviation Administration, and Agnes M. Rodriguez and Casey Gardner , Attorneys.

Before: Srinivasan, Chief Judge, Rogers and Jackson, Circuit Judges.

Ydil Pham and the Federal Aviation Administration both petition for review of the National Transportation Safety Board's suspension of Pham's pilot and medical certificates for 180 days. Pham contends that the Board erred in concluding that he refused a drug test when he left the test center before providing the requisite...

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