Roy v. Merit Systems Protection Board

PROST, Circuit Judge.

Susan G. Roy appeals the decision of the Merit Systems Protection Board (“Board”), dismissing her appeal for lack of jurisdiction. Because we agree with the Board that Ms. Roy is not an “employee” under 5 U.S.C. § 7511(a)(l)(C)(ii), we affirm.

Background

The relevant facts are undisputed. From January 2, 2000, until March 1, 2008, Ms. Roy worked in a permanent position as an attorney in the Department of Homeland Security (“DHS”) 1 . From March 2, 2008, until November 8, 2008, she served in an excepted temporary appointment as an Immigration Judge in the Department of…