NOTE: This order is nonprecedential.
United States Court of Appeals for the Federal Circuit
2009-3126
CARLOS A. RAMOS,
Petitioner,
v.
MERIT SYSTEMS PROTECTION BOARD,
Respondent,
and
DEPARTMENT OF HOMELAND SECURITY,
Intervenor.
Petition for review of the Merit Systems Protection Board in
DA0752080539-I-1.
ON MOTION
Before MAYER Circuit Judge.
ORDER
The Department of Homeland Security (DHS) moves to reform the caption to
name the Merit Systems Protection Board as respondent and moves for leave to
intervene in this petition for review. Carlos A. Ramos opposes and submits a
supplemental response.
Pursuant to 5 U.S.C. § 7703(a)(2), the Board is designated as the respondent
when the Board's decision concerns the procedure or jurisdiction of the Board. The
employing agency is designated as the respondent when the Board reaches the merits of
the underlying case.
Ramos filed an appeal challenging his termination from his position as a
Customs and Border Protection Officer. The Administrative Judge dismissed the case
for lack of jurisdiction because he found that that Ramos was in the excepted service, had
not served a two year probationary period, and was not preference eligible and thus did
not have the right to seek Board review of his termination. Because the Board did not
address the merits of the case, the Board is the proper respondent.
Accordingly,
IT IS ORDERED THAT:
The motion to reform the caption and to intervene is granted. The revised
official caption is reflected above.
The Board and DHS should calculate the due date for their briefs from the
date of filing of this order.
FOR THE COURT
JUL 2 2 2009 /s/ Jan Horbalv
Date Jan Horbaly
Clerk
cc: Carlos A. Ramos
Stacey K. Grigsby, Esq.
Jeffrey Gauger, Esq.
s17 Ua COURT OFSEALS FOR
PI I
THE FEDERAL CIRCUIT
JUL 2 2 2009
JAN hUtwsl
CLERK
2009-3126 2