Alexander v. Dhs

Case: 25-2023 Document: 36 Page: 1 Filed: 02/27/2026

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________ PATRICK ANTHONY ALEXANDER, Petitioner v. DEPARTMENT OF HOMELAND SECURITY, Respondent ______________________ 2025-2023 ______________________ Petition for review of the Merit Systems Protection Board in No. NY-0752-23-0020-A-1. ______________________ ON MOTION ______________________ Before TARANTO, MAYER, and STARK, Circuit Judges.

MAYER, Circuit Judge.

ORDER Patrick Anthony Alexander petitions for review of a Merit Systems Protection Board decision awarding less at- torney fees than he requested. The Department of Home- land Security moves unopposed to remand to the Board because the decision “appears to have deducted attorney Case: 25-2023 Document: 36 Page: 2 Filed: 02/27/2026

2 ALEXANDER v. DHS fees that Mr. Alexander did not . . . request” and “did not sufficiently explain these deductions.” Mot. at 7.

It is within this court’s discretion to remand to allow the agency to reconsider its previous position. See SKF USA Inc. v. United States, 254 F.3d 1022, 1029 (Fed. Cir. 2001). Without drawing any conclusions regarding the merits of the parties’ arguments, the court agrees that re- mand here could preserve party and judicial resources.

Accordingly, IT IS ORDERED THAT: (1) The motion is granted. The case is remanded to the Merit Systems Protection Board for further proceedings consistent with this order. (2) Each side shall bear its own costs.

FOR THE COURT

February 27, 2026 Date ISSUED AS A MANDATE: February 27, 2026