Jeffrey C. Folio v. Department of Homeland Security
Court of Appeals for the Federal Circuit
1Opinion of the Court
DECISION
LOURIE, Circuit Judge.
Jeffrey C. Folio petitions for review of the decision of the Merit Systems Protection Board affirming a decision of the Immigration and Naturalization Service (“INS”), now a part of the Department of Homeland Security, that he was not suitable for employment as an Immigration Inspector. Folio v. Dep’t of Homeland Security, No. DE-0731-03-0260-I-2 (M.S.P.B. June 15, 2004) (“Decision”). Because the Board erred in certain aspects of its decision, we vacate and remand.
BACKGROUND
In August 2001, Mr. Folio applied for a position as an Immigration Inspector for the INS.…
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