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MIKHAYLOV v. DEPT. OF HOMELAND SEC.

No. 21-1169.

62 F.4th 862 (2023)

Yuriy B. MIKHAYLOV, Petitioner-Appellant, v. DEPARTMENT OF HOMELAND SECURITY, Respondent-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: March 15, 2023.

Attorney(s) appearing for the Case

ARGUED: Morris Eli Fischer , MORRIS E. FISCHER, LLC, Silver Spring, Maryland, for Appellant. Kelly A. Krystyniak , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellee. ON BRIEF: Brian M. Boynton , Acting Assistant Attorney General, Martin F. Hockey, Jr. , Acting Director, Allison Kidd-Miller , Assistant Director, Commercial Litigation Branch, Civil Division, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C.; J. Douglas Whittaker , Office of the Chief Counsel, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT, Omaha, Nebraska, for Appellee.

Petition for review denied by published opinion. Senior Judge Traxler wrote the opinion in which Judge King and Judge Rushing joined.

Yuriy Mikhaylov, an employee of the Immigration and Customs Enforcement division of the Department of Homeland Security ("ICE" or "Agency"), petitions for review of the final judgment of the Merit Systems Protection Board (the "Board"), which rejected Mikhaylov's claim that the Agency suspended him for two days in...

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