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ROBINSON v. DEPARTMENT OF HOMELAND SECURITY

No. 22-5093.

71 F.4th 51 (2023)

Adam ROBINSON, Appellant v. DEPARTMENT OF HOMELAND SECURITY OFFICE OF INSPECTOR GENERAL, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided June 16, 2023.

Attorney(s) appearing for the Case

Ciara Cooney , Student Counsel, argued the cause for appellant. With her on the briefs were Charles Tucker, Jr. , Brian Wolfman , Esthena L. Barlow , Madeline Meth , and Matthew Calabrese , Holly Petersen , Nathan Winshall , Rachel Danner , and Chun Hin Tsoi , Student Counsel. Lauren Lang and Ezer Smith , Student Counsel, entered appearances.

Jane M. Lyons , Assistant U.S. Attorney, argued the cause for appellee. With her on the brief was R. Craig Lawrence , Assistant U.S. Attorney. April D. Seabrook , Assistant U.S. Attorney, entered an appearance.

Before: Henderson, Millett and Childs, Circuit Judges.

Adam Robinson sought judicial review of the Merit Systems Protection Board's (MSPB) final decision affirming his removal from the Department of Homeland Security (DHS) but filed his complaint in the district court one day after the statutory deadline prescribed in 5 U.S.C. § 7703(b)(2). The district court...

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