Margolin v. NAIJ · ¶10

The Fourth Circuit vacated and remanded. National Assn. of Immigration Judges v. Owen, 139 F. 4th 293 (2025). Like the District Court, it held that respondent's claims were covered by the CSRA. Id., at 308–313. And the court recognized our precedent holding that “Congress designed the CSRA to divest district courts of jurisdiction to review legal challenges” like respondent's. Id., at 313. Nonetheless, it held that factual circumstances had “called into question” whether the CSRA was “functioning as Congress intended.” Id., at 304. Specifically, the court believed that legal challenges to the tenure protection afforded MSPB members and the Special Counsel, and the MSPB's lack of a quorum, may require a “new examination of Congressional intent” to channel covered claims out of district court. Id., at 308. The court thus remanded for factfnding into the current operation of the MSPB. Id.,…

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