Roberson v. MSPB

Case: 26-1666 Document: 17 Page: 1 Filed: 08/12/2026

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

JAIN-MIECELL I. ROBERSON,

Petitioner v.

MERIT SYSTEMS PROTECTION BOARD,

Respondent ______________________

2026-1666 ______________________

Petition for review of the Merit Systems Protection Board in No. PH-1221-24-0083-W-1. ______________________

ON MOTION ______________________

Before LOURIE, PROST, and REYNA, Circuit Judges.

PER CURIAM.

ORDER

The Merit Systems Protection Board moves unopposed to waive Federal Circuit Rule 27(f) and for remand “for the administrative judge to clearly and correctly articulate the legal standards applied and, if necessary, to provide [Jain- Miecell I.] Roberson an opportunity to submit additional briefing.” ECF No. 15 at 6.

Case: 26-1666 Document: 17 Page: 2 Filed: 08/12/2026

2 ROBERSON v. MSPB

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 matter is remanded for further proceedings consistent with this order and the mo- tion. (2) Each party shall bear its own costs.

FOR THE COURT

August 12, 2026

Date

ISSUED AS A MANDATE: August 12, 2026