Case: 25-1565 Document: 16 Page: 1 Filed: 09/16/2025

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________ UNIVERSIDAD DEL VALLE DE GUATEMALA, Petitioner v. DEPARTMENT OF HEALTH AND HUMAN SERVICES, Respondent ______________________ 2025-1565 ______________________ Appeal from the determination of the Department of Health & Human Servicesno in Claim No. H-20-0-0038-4. ______________________ ON MOTION ______________________ Before REYNA, HUGHES, and STOLL, Circuit Judges.

STOLL, Circuit Judge.

ORDER The Department of Health and Human Services (“HHS”) and the Universidad del Valle de Guatemala (“UVG”) respond to this court’s show cause order. Dr. Mario Ricardo Calderon moves for leave to intervene.

Case: 25-1565 Document: 16 Page: 2 Filed: 09/16/2025

2 UNIVERSIDAD DEL VALLE DE GUATEMALA v. HHS

Dr. Calderon worked for UVG, a Guatemala-based non- profit university, receiving HHS funding under a Presi- dent’s Emergency Plan for AIDS Relief grant. Following his removal, Dr. Calderon filed a complaint with HHS as- serting reprisal for protected disclosures made at UVG’s fa- cilities in Guatemala. On January 17, 2025, HHS issued a letter concurring with its Office of Inspector General’s rec- ommendations in favor of Dr. Calderon, stating it “repre- sents the final agency decision on your claims and requests for relief.” ECF No. 1-2 at 3. UVG then filed this petition.

The parties agree, as do we, that this court does not have jurisdiction over this petition. See generally 28 U.S.C. § 1295. It is also common ground among the parties that the alleged reprisal occurred outside of the United States and that no regional circuit would appear to have jurisdic- tion under 41 U.S.C. § 4712, which provides only for “re- view” in “the United States court of appeals for a circuit in which the reprisal is alleged in the order to have occurred,” § 4712(c)(5).1 UVG instead urges transfer to the United States District Court for the District of Columbia, invoking that court’s typical authority “to review federal administra- tive action under 28 U.S.C. § 1331.” ECF No. 15-1 at 12 (cleaned up). Under the circumstances, we deem it appro- priate to grant that request, leaving it to the district court to determine whether it has jurisdiction.

Accordingly, IT IS ORDERED THAT:

1 We make no determination as to whether the par- ties are correct.

Case: 25-1565 Document: 16 Page: 3 Filed: 09/16/2025

UNIVERSIDAD DEL VALLE DE GUATEMALA v. HHS 3

This matter is transferred to the United States District Court for the District of Columbia.

FOR THE COURT

September 16, 2025 Date