Legal Opinion

Jeffrey C. Folio v. Department of Homeland Security

Court of Appeals for the Federal Circuit

Decided April 5, 2005No. 04-3459PublishedCited by 6 opinions

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.…

2Cases cited6 opinions

  1. Auer v. RobbinsSupreme Court of the United States · 1997
  2. Bowles v. Seminole Rock & Sand Co.Supreme Court of the United States · 1945
  3. Tom Briggs v. Merit Systems Protection Board, and United States, IntervenorCourt of Appeals for the Federal Circuit · 2003
  4. Charles R. Fernandez v. Department of the ArmyCourt of Appeals for the Federal Circuit · 2000
  5. Sara D. Wood v. Merit Systems Protection Board, and United States Postal Service, IntervenorCourt of Appeals for the Federal Circuit · 1991

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3Cited by6 opinions

  1. Archuleta v. HopperCourt of Appeals for the Federal Circuit · 2015
  2. United States v. UPS Customhouse Brokerage, Inc.United States Court of International Trade · 2010
  3. Archuleta v. HopperCourt of Appeals for the Federal Circuit · 2014
  4. Charles R. Lane v. Office of Personnel Management, Merit Systems Protection Board2015
  5. Drevaleva v. United States of AmericaDistrict Court, N.D. California · 2019

1 more not listed; retrieve them via the Exa API.

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