Rhodes v. Merit Systems Protection Board

LINN, Circuit Judge.

Robert S. Rhodes (“Rhodes”) seeks review of the final decision of the Merit Systems Protection Board (“Board”), Rhodes v. Dep’t of Homeland Sec., No. NY-0752-06-0015-1-1, 102 M.S.P.R. 486 (M.S.P.B. June 2, 2006) (“Final Decision”), which dismissed Rhodes’s appeal challenging the Department of Homeland Security’s (“agency’s”) failure to restore Rhodes to duty after an acquittal of criminal charges that formed the basis of his indefinite suspension from the agency. Because the AJ erred in determining that it lacked jurisdiction over Rhodes’s appeal, we reverse and remand.

I.…