Garcia v. Department of Homeland Security
Court of Appeals for the Federal Circuit
1Opinion of the Court
PROST, Circuit Judge.
Lourdes Garcia appeals the dismissal of her claim for constructive reduction in grade by the Merit Systems Protection Board (the “MSPB” or “Board”). The Board determined that Ms. Garcia had not proven that her actions were involuntary and therefore dismissed Ms. Garcia’s case for lack of jurisdiction without granting her a hearing. Garcia v. Dep’t of Homeland, Sec., No. DC0752040110-I-1, slip op. at 3 (M.S.P.B. Jan.22, 2004) (“Initial Decision”). Because the Board did not adequately determine whether or not Ms. Garcia had presented non-frivolous allegations, we vacate and…
Also in this document: Dissent.
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