Opinion · Court of Appeals for the First Circuit

James Chang v. Merit Systems Protection Board, and United States Immigration and Naturalization Service

James Chang v. Merit Sys. Prot. Bd., & United States Immigration & Naturalization Serv., 677 F.2d 173 (1st Cir. 1982)

Type
Opinion
Court
Court of Appeals for the First Circuit
Jurisdiction
Federal
Date
1982-05-10
Topic
general

PER CURIAM. We conclude, in agreement with the decisions in Wiggins v. United States Postal Service, 653 F.2d 219 (5th Cir. 1981) and Christo v. Merit Systems Protection Board, 667 F.2d 882 (10th Cir. 1981), that mixed cases involving both claims of discrimination and of improper agency action must be brought as one action in the district court. Accordingly we lack jurisdiction over the petition and it is therefore dismissed.

Citator

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Cited by
10 opinions
CHANG v. MERIT SYSTEMS PROTECTION BD.,677 F.2d 173(1st Cir. 1982)
JAMES CHANG, PETITIONER, v. MERIT SYSTEMS PROTECTION BOARD, AND UNITED
STATES IMMIGRATION AND NATURALIZATION SERVICE, RESPONDENTS.
No. 81-1596.
United States Court of Appeals, First Circuit.
Submitted March 24, 1982.
Decided May 10, 1982.
Scott Kalish, San Juan, P. R., on brief, for petitioner.Page 174

Corneilus T. Cashman, Gen. Atty., Immigration and Naturalization Service, on brief, for respondent.
Petition for review from the Merit Systems Protection Board.
Before COFFIN, Chief Judge, CAMPBELL and BREYER, Circuit Judges.
PER CURIAM.
[1] We conclude, in agreement with the decisions inWiggins v.United States Postal Service,653 F.2d 219(5th Cir. 1981) andChristo v. Merit Systems Protection Board,667 F.2d 882(10th Cir. 1981), that mixed cases involving both claims of discrimination and of improper agency action must be brought as one action in the district court. Accordingly we lack jurisdiction over the petition and it is therefore dismissed.