Case: Jackler v. Department of Justice

26-01575 | U.S. Court of Appeals for the Federal Circuit

Filed Date: March 26, 2026

Case Ongoing

Clearinghouse coding complete

Case Summary

This case concerns whether President Trump’s Article II removal authority permits the executive branch to disregard federal civil-service removal protections under the Civil Service Reform Act when terminating immigration judges.  On March 23, 2026, two former immigration judges petitioned the U.S. Court of Appeals for the Federal Circuit for review of a final decision of the Merit Systems Protection Board (MSPB). Represented by private counsel, the petitioners challenged the MSPB’s conclusion …

This case concerns whether President Trump’s Article II removal authority permits the executive branch to disregard federal civil-service removal protections under the Civil Service Reform Act when terminating immigration judges. 

On March 23, 2026, two former immigration judges petitioned the U.S. Court of Appeals for the Federal Circuit for review of a final decision of the Merit Systems Protection Board (MSPB). Represented by private counsel, the petitioners challenged the MSPB’s conclusion that the Civil Service Reform Act’s procedural and substantive removal protections could not constitutionally apply to them. They sought reversal of the MSPB’s decision and restoration of their statutory civil-service protections. The appeal was initially captioned against the Department of Justice and the Director of the Office of Personnel Management but was later revised to designate the MSPB as the respondent. On June 17, 2026, the Federal Circuit agreed to hear the case initially en banc before Chief Judge Kimberly A. Moore and Circuit Judges Alan D. Lourie, Timothy B. Dyk, Sharon Prost, Jimmie V. Reyna, Richard G. Taranto, Raymond T. Chen, Todd M. Hughes, Kara F. Stoll, Tiffany P. Cunningham, and Leonard P. Stark. Circuit Judge Pauline Newman did not participate. 

The petitioners were two career civil servants, military veterans, and Assistant Chief Immigration Judges within the Department of Justice’s Executive Office for Immigration Review. They were terminated on February 14, 2025, effective immediately, without the notice and procedural protections required by the Civil Service Reform Act or an opportunity to respond. An MSPB administrative judge initially ordered their reinstatement, but on March 20, 2026, the full Board reversed. The Board held that immigration judges are inferior probationary officers whose statutory removal protections unconstitutionally interfere with the President’s Article II authority. The Board, therefore, dismissed their appeals.

On March 31, 2026, the petitioners sought an initial hearing en banc. On June 17, 2026, the Federal Circuit granted rehearing en banc in a precedential order and directed the parties to file new merits briefs, permitted new amicus briefs without leave of court, and stated that oral argument would be scheduled later. 

On July 14, 2026, the petitioners filed their en banc opening brief, arguing that longstanding Supreme Court precedent permits Congress to provide removal protections for inferior officers and that the MSPB erred in concluding that Article II categorically invalidates the Civil Service Reform Act’s protections for immigration judges. 

As of July 2026, en banc briefing was underway, and the case remains ongoing. 

Summary Authors

Niam Vora (7/27/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/73118766/parties/jackler-v-mspb/


Expert/Monitor/Master/Other

-, Benjamin Matthew (District of Columbia)

-, Sydney Foster, (District of Columbia)

-, William Carter (District of Columbia)

-, Nathaniel Avi (District of Columbia)

-, Thomas Michael (District of Columbia)

Documents in the Clearinghouse

Documents in this case
109

26-01575

Order

Jackler et al. v. Department of Justice et al.

June 17, 2026

June 17, 2026

Order/Opinion

178 F.4th 1327

121

26-01575

Opening Brief for Petitioners

Jackler et al. v. Department of Justice et al.

July 14, 2026

July 14, 2026

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/73118766/jackler-v-mspb/

Last updated July 27, 2026, 3:28 p.m.

ECF Number Date Description Link
1 March 26, 2026

Appeal docketed. Received: 03/23/2026. [1155697] 15(c) due on 04/09/2026. Entry of Appearance due 04/09/2026. Certificate of Interest is due on 04/09/2026. Docketing Statement due 04/09/2026. Certified List due on 05/05/2026. [MMA] [Entered: 03/26/2026 12:30 PM]

1 Notice of Docketing

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2 Agency Case Docketed

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2 March 26, 2026

Entry of Appearance for Nathaniel A.G. Zelinsky; James Pearce; Mary L Dohrmann; Robert P. Erbe as counsel for Petitioners Megan Jackler and Brandon Jaroch. Service: 03/26/2026 by email. [1155742] [26-1575] [Nathaniel Zelinsky] [Entered: 03/26/2026 01:59 PM]

RECAP
3 March 26, 2026

Letter from Petitioners Megan Jackler and Brandon Jaroch regarding correction to the case caption. Service: 03/26/2026 by US mail, email. [1155754] [26-1575] [Nathaniel Zelinsky] [Entered: 03/26/2026 02:39 PM]

RECAP
4 March 26, 2026

Certificate of Interest for Petitioners Megan Jackler and Brandon Jaroch. Service: 03/26/2026 by US mail, email. [1155763] [26-1575] [Nathaniel Zelinsky] [Entered: 03/26/2026 03:00 PM]

RECAP
5 March 26, 2026

Docketing Statement for the Petitioners Megan Jackler and Brandon Jaroch. Service: 03/26/2026 by US mail, email. [1155773] [26-1575] [Nathaniel Zelinsky] [Entered: 03/26/2026 03:22 PM]

RECAP
6 March 26, 2026

Statement Concerning Discrimination pursuant to Fed. Cir. R. 15(c) for Petitioners Megan Jackler and Brandon Jaroch. Service: 03/26/2026 by US mail, email. [1155774] [26-1575] [Nathaniel Zelinsky] [Entered: 03/26/2026 03:36 PM]

RECAP
7 March 27, 2026

Entry of Appearance for Sydney Foster as counsel for Petitioners Megan Jackler and Brandon Jaroch. Service: 03/27/2026 by email. [1156048] [26-1575] [Sydney Foster] [Entered: 03/27/2026 06:16 PM]

RECAP
8 March 31, 2026

Petition for en banc hearing filed by Petitioners Megan Jackler and Brandon Jaroch. Service: 03/31/2026 by US mail, email. [1156654] [26-1575]. This petition has been corrected. See Doc. No. [13]. [Nathaniel Zelinsky] [Entered: 03/31/2026 03:43 PM]

RECAP
9 April 1, 2026

Notice to Petitioners Megan Jackler and Brandon Jaroch: The record of this case indicates that no Entry of Appearance listing Robert P. Erbe has been filed. Failure to file required documents may result in dismissal or other action as deemed appropriate by the court. See FCR 25(h). Service as of this date by the Clerk of Court. [1156908] [MMA] [Entered: 04/01/2026 12:53 PM]

RECAP
10 April 1, 2026

The court invites a response from Respondents DOJ and OPM to the petition [8]. Service as of this date by the Clerk of Court. [1156963] [MVH] [Entered: 04/01/2026 02:57 PM]

RECAP
11 April 1, 2026

Certified list received. Service: 04/01/2026 by email. Refer to Fed. Cir. R. 31 for calculating brief deadlines from service of the certified list. [1157036] [MMA] [Entered: 04/01/2026 04:40 PM]

RECAP
12 April 1, 2026

Corrected Entry of Appearance for Robert P. Erbe as counsel for Petitioners Megan Jackler and Brandon Jaroch. Service: 04/01/2026 by email. [1157062] [26-1575] [Sydney Foster] [Entered: 04/01/2026 05:53 PM]

RECAP
13 April 2, 2026

Petition for en banc hearing filed by Petitioners Megan Jackler and Brandon Jaroch. Service: 04/02/2026 by US mail, email. [1157157] [26-1575] [Nathaniel Zelinsky] [Entered: 04/02/2026 10:47 AM]

RECAP
14 April 2, 2026

Notice of Correction to Doc No. [13] for Petitioners Megan Jackler and Brandon Jaroch. Service: 04/02/2026 by US mail, email. [1157168] [26-1575] [Nathaniel Zelinsky] [Entered: 04/02/2026 11:21 AM]

RECAP
15 April 2, 2026

13 paper copies of Doc. No. [8] received from Petitioners Megan Jackler and Brandon Jaroch. [1157260] [CDL] [Entered: 04/02/2026 03:23 PM]

RECAP
16 April 2, 2026

CLERK'S OFFICE QUALITY CONTROL MESSAGE: re: Doc No. [15], ERROR: Paper copies received by the court included an incorrect (red) color for the cover page. CORRECTION: Paper copies of petitions for en banc hearings must include a white cover page. THIS MESSAGE IS FOR INFORMATIONAL PURPOSES ONLY. [1157265] [CDL] [Entered: 04/02/2026 03:31 PM]

RECAP
17 April 6, 2026

13 paper copies of Doc. No. [13] received from Petitioners Megan Jackler and Brandon Jaroch. [1158243] [CDL] [Entered: 04/08/2026 10:01 AM]

RECAP
18 April 8, 2026

MOTION of AMICI CURIAE LABOR ORGANIZATIONS REPRESENTING FEDERAL EMPLOYEES for leave to file an amicus curiae brief. Service: 04/08/2026 by email. [1158294] [26-1575]. This document is non-compliant. See Doc. No. [22] [Harold Becker] [Entered: 04/08/2026 11:47 AM]

1 Motion for Leave to File Amicus Curiae

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2 Proposed Amicus Brief iso Petitioner Motion for Initial Hearing En Banc

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3 Certificate of Compliance

View on PACER

RECAP
19 April 8, 2026

Entry of Appearance for Daniel Aguilar as counsel for Respondents DOJ and OPM. Service: 04/08/2026 by email. [1158296] [26-1575] [Daniel Aguilar] [Entered: 04/08/2026 11:51 AM]

RECAP
20 April 8, 2026

MOTION of Respondents DOJ and OPM to extend the time to file a response to Doc. No. [13] until 05/15/2026. Service: 04/08/2026 by email. [1158315] [26-1575] [Daniel Aguilar] [Entered: 04/08/2026 12:16 PM]

RECAP
21 April 9, 2026

Notice to Movants American Federation of Government Employees, AFL-CIO, American Federation of State, County & Municipal Employees, International Association of Machinists and Aerospace Workers, International Federation of Professional and Technical Engineers and National Federation of Federal Employees: The record of this case indicates that the Entry of Appearance under FCR 47.3(b) and Certificate of Interest under FCR 47.4 have not been filed. Failure to file required documents may result in dismissal or other action as deemed appropriate by the court. See FCR 25(h). Service as of this date by the Clerk of Court. [1158707] [MMA] [Entered: 04/09/2026 03:39 PM]

RECAP
22 April 9, 2026

NOTICE OF NON-COMPLIANCE: The submission of Movants American Federation of Government Employees, AFL-CIO, American Federation of State, County & Municipal Employees, et al Motion for Leave to Brief as Amici Curiae and Proposed Amici Curiae Brief [18], is not in compliance with the rules of this court (see attached). Compliant document due on 04/16/2026. Service as of this date by the Clerk of Court. [1158753] [MVH] [Entered: 04/09/2026 04:42 PM]

RECAP
23 April 10, 2026

MOTION of Justice Connection for leave to file an amicus curiae brief. Service: 04/10/2026 by email. [1158939] [26-1575]. This document is non-compliant. See Doc. No. [26] [Kerrie Riggs] [Entered: 04/10/2026 02:33 PM]

RECAP
24 April 10, 2026

Entry of Appearance for Harold Craig Becker as counsel for Amici American Federation of Government Employees, AFL-CIO, American Federation of State, County & Municipal Employees, et al. Service: 04/10/2026 by email. [1158974] [26-1575] [Harold Becker] [Entered: 04/10/2026 03:05 PM]

RECAP
25 April 10, 2026

MOTION of American Federation of Government Employees, AFL-CIO, American Federation of State, County & Municipal Employees, et al. for leave to file amicus brief in support of Petitioners Megan Jackler and Brandon Jaroch on petition for en banc hearing [13]. Service: 04/10/2026 by email. [1158982] [26-1575]. [Harold Becker] [Entered: 04/10/2026 03:18 PM]

RECAP
26 April 10, 2026

NOTICE OF NON-COMPLIANCE: The submission of Movant Justice Connection, Motion for Leave to Brief as Amicus Curiae and Proposed Amici Curiae Brief [23], is not in compliance with the rules of this court (see attached). Compliant document due on 04/17/2026. Service as of this date by the Clerk of Court. [1159000] [MVH] [Entered: 04/10/2026 03:54 PM]

RECAP
38 April 10, 2026

13 paper copies of Doc. No. [18] received from Movants American Federation of Government Employees, AFL-CIO, American Federation of State, County & Municipal Employees, International Association of Machinists and Aerospace Workers, International Federation of Professional and Technical Engineers and National Federation of Federal Employees. [1159771] [CDL] [Entered: 04/15/2026 09:01 AM]

RECAP
April 10, 2026

13 paper copies of Doc. No. 18 received from Movants American Federation of Government Employees, AFL-CIO, American Federation of State, County & Municipal Employees, International Association of Machinists and Aerospace Workers, International Federation of Professional and Technical Engineers and National Federation of Federal Employees. 1159771 [CDL]

27 April 13, 2026

Entry of Appearance for Kerrie D. Riggs; Jeremy D. Wright as counsel for Justice Connection. Service: 04/13/2026 by email. [1159311] [26-1575] [Kerrie Riggs] [Entered: 04/13/2026 04:19 PM]

RECAP
28 April 13, 2026

MOTION of Justice Connection for leave to file an amicus curiae brief. Service: 04/13/2026 by email. [1159328] [26-1575] [Kerrie Riggs] [Entered: 04/13/2026 04:30 PM]

RECAP
29 April 13, 2026

Certificate of Interest for Justice Connection. Service: 04/13/2026 by email. [1159330] [26-1575] [Kerrie Riggs] [Entered: 04/13/2026 04:32 PM]

RECAP
30 April 13, 2026

Entry of Appearance for Kevin L. Owen; Christopher H. Bonk; Andrew J. Perlmutter; William Carter Schubert as counsel for Senator Chris Van Hollen; Senator Angela Alsobrooks; Senator Tim Kaine; Senator Andy Kim; Senator Gary Peters; Senator Mark Warner. Service: 04/13/2026 by email. [1159397] [26-1575] [Kevin Owen] [Entered: 04/13/2026 07:54 PM]

RECAP
31 April 13, 2026

MOTION of Senator Chris Van Hollen; Senator Angela Alsobrooks; Senator Tim Kaine; Senator Andy Kim; Senator Gary Peters; Senator Mark Warner for leave to file an amicus curiae brief. Service: 04/13/2026 by email. [1159399] [26-1575] [Kevin Owen] [Entered: 04/13/2026 08:02 PM]

RECAP
32 April 14, 2026

ORDER filed granting motion to extend time to file response to rehearing/en banc [20] filed by Respondents DOJ and OPM. No further extensions. (Per Curiam). Service as of this date by the Clerk of Court. [1159562] [MVH] [Entered: 04/14/2026 01:06 PM]

RECAP
33 April 14, 2026

Entry of Appearance for Andrew P. Bakaj as counsel for Whistleblower Aid. Service: 04/14/2026 by email. [1159717] [26-1575] [Andrew Bakaj] [Entered: 04/14/2026 05:56 PM]

RECAP
34 April 14, 2026

MOTION of Whistleblower Aid for leave to file an amicus curiae brief. Service: 04/14/2026 by email. [1159720] [26-1575]. This document is non-compliant. See Doc. No. [44] [Andrew Bakaj] [Entered: 04/14/2026 06:13 PM]

RECAP
35 April 14, 2026

Entry of Appearance for Trisha Anderson; Martin Totaro; Benjamin Stern as counsel for Merit Systems Protection Board Professional Association. Service: 04/14/2026 by email. [1159726] [26-1575] [Trisha Anderson] [Entered: 04/14/2026 07:24 PM]

RECAP
36 April 14, 2026

MOTION of Merit Systems Protection Board Professional Association for leave to file amicus brief in support of Petitioners on petition for en banc hearing [13]. Service: 04/14/2026 by email. [1159728] [26-1575] [Trisha Anderson] [Entered: 04/14/2026 07:54 PM]

RECAP
37 April 14, 2026

Certificate of Interest for Merit Systems Protection Board Professional Association. Service: 04/14/2026 by email. [1159729] [26-1575] [Trisha Anderson] [Entered: 04/14/2026 07:56 PM]

RECAP
39 April 15, 2026

ORDER filed granting motions for leave to file amicus brief on en banc petition [25], [28], [36], [31]. (Per Curiam). Service as of this date by the Clerk of Court. [1160047] [MVH] [Entered: 04/15/2026 04:46 PM]

RECAP
40 April 15, 2026

AMICUS BRIEF FILED on Petition by American Federation of Government Employees, AFL-CIO, American Federation of State, County & Municipal Employees, et al. Service: 04/10/2026 by email. The filer is directed to submit the appropriate number of copies within two days. [1160052] [MVH] [Entered: 04/15/2026 04:54 PM]

RECAP
41 April 15, 2026

AMICUS BRIEF FILED on Petition by Justice Connection. Service: 04/13/2026 by email. The filer is directed to submit the appropriate number of copies within two days. [1160053] [MVH] [Entered: 04/15/2026 04:55 PM]

RECAP
42 April 15, 2026

AMICUS BRIEF FILED on Petition by Angela Alsobrooks, Tim Kaine, Andy Kim, Gary C. Peters, Chris Van Hollen and Mark R. Warner. Service: 04/13/2026 by email. The filer is directed to submit the appropriate number of copies within two days. [1160054] [MVH] [Entered: 04/15/2026 04:57 PM]

RECAP
43 April 15, 2026

AMICUS BRIEF FILED on Petition by Merit Systems Protection Board Professional Association. Service: 04/15/2026 by email. The filer is directed to submit the appropriate number of copies within two days. [1160055] [MVH] [Entered: 04/15/2026 04:59 PM]

RECAP
44 April 15, 2026

NOTICE OF NON-COMPLIANCE: The submission of Movant Whistleblower Aid, (appended) Amicus Curiae Brief [34], is not in compliance with the rules of this court (see attached). Compliant document due on 04/22/2026. Service as of this date by the Clerk of Court. [1160058] [MVH] [Entered: 04/15/2026 05:04 PM]

RECAP
45 April 16, 2026

13 paper copies of Doc. No. [43] received from Amicus Curiae Merit Systems Protections Board Professional Association. [1160495] These paper copies are non-compliant. See Doc. No. [46] [CDL] [Entered: 04/17/2026 09:16 AM]

RECAP
April 16, 2026

13 paper copies of Doc. No. 43 received from Amicus Curiae Merit Systems Protections Board Professional Association. 1160495 [CDL]

46 April 17, 2026

NOTICE OF NON-COMPLIANCE: The paper copies (Doc. No. [45]) provided by Merit Systems Protections Board Professional Association are not in compliance with the rules of this court (see attached). Corrected paper copies are due within 5 business days. Service as of this date by the Clerk of Court. [1160496] [CDL] [Entered: 04/17/2026 09:17 AM]

RECAP
47 April 17, 2026

13 paper copies of Doc. No. [42] received from Amici Curiae Angela Alsobrooks, Tim Kaine, Andy Kim, Gary C. Peters, Chris Van Hollen and Mark R. Warner. [1160630] [MVH] [Entered: 04/17/2026 12:42 PM]

RECAP
48 April 17, 2026

MOTION of Whistleblower Aid for leave to file an amicus curiae brief. Service: 04/17/2026 by email. [1160677] [26-1575] [Andrew Bakaj] [Entered: 04/17/2026 03:55 PM]

RECAP
49 April 17, 2026

ORDER filed granting motion for leave to file an amicus curiae brief [48]. (Per Curiam). Service as of this date by the Clerk of Court. [1160706] [MVH] [Entered: 04/17/2026 04:50 PM]

RECAP
50 April 17, 2026

AMICUS BRIEF FILED on Petition by Whistleblower Aid. Service: 04/17/2026 by email. The filer is directed to submit the appropriate number of copies within two days. [1160708]. This document has been corrected. See Doc. No.[57] [MVH] [Entered: 04/17/2026 04:53 PM]

RECAP
51 April 17, 2026

13 paper copies of Doc. No. [41] received from Amicus Curiae Justice Connection. [1160763] [CDL] [Entered: 04/20/2026 09:09 AM]

RECAP
April 17, 2026

13 paper copies of Doc. No. 41 received from Amicus Curiae Justice Connection. 1160763 [CDL]

52 April 20, 2026

13 paper copies of Doc. No. [43] received from Amicus Curiae Merit Systems Protections Board Professional Association. [1160919] [CDL] [Entered: 04/20/2026 01:32 PM]

RECAP
53 April 20, 2026

13 paper copies of Doc. No. [25] received from Amici Curiae American Federation of Government Employees, AFL-CIO, American Federation of State, County & Municipal Employees, International Association of Machinists and Aerospace Workers, International Federation of Professional and Technical Engineers and National Federation of Federal Employees. [1160939] These paper copies are non-compliant. See Doc. No. [54] [CDL] [Entered: 04/20/2026 01:51 PM]

RECAP
54 April 20, 2026

NOTICE OF NON-COMPLIANCE: The paper copies (Doc. No. [53]) provided by American Federation of Government Employees, AFL-CIO, American Federation of State, County & Municipal Employees, International Association of Machinists and Aerospace Workers, International Federation of Professional and Technical Engineers and National Federation of Federal Employees are not in compliance with the rules of this court (see attached). Corrected paper copies are due within 5 business days. Service as of this date by the Clerk of Court. [1160942] [CDL] [Entered: 04/20/2026 01:55 PM]

RECAP
April 20, 2026

13 paper copies of Doc. No. 40 received from Amici Curiae American Federation of Government Employees, AFL-CIO, American Federation of State, County & Municipal Employees, International Association of Machinists and Aerospace Workers, International Federation of Professional and Technical Engineers and National Federation of Federal Employees. 1160939 [CDL]

55 April 21, 2026

13 paper copies of Doc. No. [48] received from Amicus Curiae Whistleblower Aid. These paper copies are non-compliant. See Doc. No. [56] [1161708] [Edited to reflect number of copies received by the court.]--[Edited 04/22/2026 by CDL] [CDL] [Entered: 04/22/2026 12:22 PM]

RECAP
April 21, 2026

13 paper copies of Doc. No. 48 received from Amicus Curiae Whistleblower Aid. These paper copies are non-compliant. See Doc. No. 56 1161708 [Edited to reflect number of copies received by the court.]--[Edited 04/22/2026 by CDL] [CDL]

56 April 22, 2026

NOTICE OF NON-COMPLIANCE: The paper copies (Doc. No. [55]) provided by Whistleblower Aid are not in compliance with the rules of this court (see attached). Corrected paper copies are due within 5 business days. Service as of this date by the Clerk of Court. [1161709] [CDL] [Entered: 04/22/2026 12:23 PM]

RECAP
57 April 23, 2026

MODIFIED ENTRY: CORRECTED AMICUS BRIEF FILED on Petition by Whistleblower Aid. Service: 04/23/2026 by email. The filer is directed to submit the appropriate number of copies within two days. [1162058]--[Edited 04/23/2026 by MVH - Reason: compliance review complete] [Andrew Bakaj] [Entered: 04/23/2026 02:50 PM]

RECAP
58 April 23, 2026

Notice of Correction to Doc No. [57] for Amicus Curiae Whistleblower Aid. Service: 04/23/2026 by email. [1162061] [26-1575] [Andrew Bakaj] [Entered: 04/23/2026 02:54 PM]

RECAP
59 April 24, 2026

13 paper copies of Doc. No. [57] received from Amicus Curiae Whistleblower Aid. [1163056] [CDL] [Entered: 04/28/2026 02:56 PM]

RECAP
April 24, 2026

13 paper copies of Doc. No. 57 received from Amicus Curiae Whistleblower Aid. 1163056 [CDL]

60 April 28, 2026

13 paper copies of Doc. No. [40] received from Amici Curiae American Federation of Government Employees, AFL-CIO, American Federation of State, County & Municipal Employees, International Association of Machinists and Aerospace Workers, International Federation of Professional and Technical Engineers and National Federation of Federal Employees. [1163066] [CDL] [Entered: 04/28/2026 03:18 PM]

RECAP
April 28, 2026

13 paper copies of Doc. No. 40 received from Amici Curiae American Federation of Government Employees, AFL-CIO, American Federation of State, County & Municipal Employees, International Association of Machinists and Aerospace Workers, International Federation of Professional and Technical Engineers and National Federation of Federal Employees. 1163066 [CDL]

61 May 1, 2026

RESPONSE of Respondents DOJ and OPM to Doc No. [13]. Service: 05/01/2026 by email. [1164135] [26-1575] [Daniel Aguilar] [Entered: 05/01/2026 04:49 PM]

RECAP
62 May 5, 2026

13 paper copies of Doc. No. [61] received from Respondents DOJ and OPM. [1164649] [MVH] [Entered: 05/05/2026 10:23 AM]

RECAP
May 5, 2026

13 paper copies of Doc. No. 61 received from Respondents DOJ and OPM. 1164649 [MVH]

63 June 1, 2026

Entry of Appearance for Rosa Baum as counsel for Petitioners Megan Jackler and Brandon Jaroch. Service: 06/01/2026 by email. [1170635] [26-1575] [Nathaniel Zelinsky] [Entered: 06/01/2026 02:02 PM]

RECAP
64 June 1, 2026

OPENING BRIEF FILED by Petitioners Megan Jackler and Brandon Jaroch. Service: 06/01/2026 by email. [1170738] [26-1575] This document is non-compliant. See Doc No. [85] [Nathaniel Zelinsky] [Entered: 06/01/2026 04:18 PM]

RECAP
65 June 5, 2026

MODIFIED ENTRY: AMICUS BRIEF FILED by Charlotte A. Burrows, Pam Coukos, Ms. Chai Feldblum, Karla Gilbride, Stuart Ishimaru, P. David Lopez, Peggy R. Mastroianni, Carol R. Miaskoff, Jocelyn Samuels, Carolyn L. Wheeler and Jenny R. Yang. Service: 06/05/2026 by email. [1172163]--[Edited 06/12/2026 by MMA - Reason: compliance review complete]. This amicus brief will not be considered. See Doc. No. [109]. [Heidi Burakiewicz] [Entered: 06/05/2026 03:27 PM]

RECAP
112 June 5, 2026

6 paper copies of Doc. No. [65] received from Amici Curiae Charlotte A. Burrows, Pam Coukos, Ms. Chai Feldblum, Karla Gilbride, Stuart Ishimaru, P. David Lopez, Peggy R. Mastroianni, Carol R. Miaskoff, Jocelyn Samuels, Carolyn L. Wheeler and Jenny R. Yang. [1174423] [CDL] [Entered: 06/17/2026 02:06 PM]

RECAP
June 5, 2026

6 paper copies of Doc. No. 65 received from Amici Curiae Charlotte A. Burrows, Pam Coukos, Ms. Chai Feldblum, Karla Gilbride, Stuart Ishimaru, P. David Lopez, Peggy R. Mastroianni, Carol R. Miaskoff, Jocelyn Samuels, Carolyn L. Wheeler and Jenny R. Yang. 1174423 [CDL]

66 June 6, 2026

MOTION of Amicus Curiae Whistleblower Aid for leave to file an amicus curiae brief. Service: 06/06/2026 by email, US mail. [1172253] [26-1575] [Andrew Bakaj] [Entered: 06/06/2026 08:38 PM]

RECAP
67 June 8, 2026

Notice to Amicus Curiae Whistleblower Aid: The record of this case indicates that the Certificate of Interest under FCR 47.4 has not been filed in its own docket entry. Failure to file required documents may result in dismissal or other action as deemed appropriate by the court. See FCR 25(h). Service as of this date by the Clerk of Court. [1172267] [MMA] [Entered: 06/08/2026 08:57 AM]

RECAP
68 June 8, 2026

Notice to Amici Curiae Charlotte A. Burrows, Pam Coukos, Chai Feldblum, Karla Gilbride, Stuart Ishimaru, P. David Lopez, Peggy R. Mastroianni, Carol R. Miaskoff, Jocelyn Samuels, Carolyn L. Wheeler, and Jenny R. Yang: The record of this case indicates that the Entry of Appearance under FCR 47.3(b) and Certificate of Interest under FCR 47.4 have not been filed. Failure to file required documents may result in dismissal or other action as deemed appropriate by the court. See FCR 25(h). Service as of this date by the Clerk of Court. [1172269] [MMA] [Entered: 06/08/2026 09:00 AM]

RECAP
69 June 8, 2026

Entry of Appearance for Aderson B. Francois as counsel for Lawyers Defending American Democracy. Service: 06/08/2026 by email, US mail. [1172304] [26-1575] [Aderson Francois] [Entered: 06/08/2026 09:45 AM]

RECAP
70 June 8, 2026

AMICUS CURIAE BRIEF FILED by Lawyers Defending American Democracy. Service: 06/08/2026 by email, US mail. [1172307] [26-1575] This document is non-compliant. See Doc No. [101] [Aderson Francois] [Entered: 06/08/2026 09:53 AM]

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71 June 8, 2026

Entry of Appearance for Elizabeth B. Wydra as counsel for Constitutional Accountability Center. Service: 06/08/2026 by email, US mail. [1172396] [26-1575] [Elizabeth Wydra] [Entered: 06/08/2026 12:33 PM]

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72 June 8, 2026

AMICUS CURIAE BRIEF FILED by Constitutional Accountability Center. Service: 06/08/2026 by email, US mail. [1172398] [26-1575]. This amicus brief will not be considered. See Doc. No. [109]. [Elizabeth Wydra] [Entered: 06/08/2026 12:39 PM]

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73 June 8, 2026

Certificate of Interest for Amicus Curiae Whistleblower Aid. Service: 06/08/2026 by email, US mail. [1172400] [26-1575] [Andrew Bakaj] [Entered: 06/08/2026 12:49 PM]

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74 June 8, 2026

Entry of Appearance for James D. Jenkins as counsel for Union of Concerned Scientists; Center for Open Science; Environmental Protection Network. Service: 06/08/2026 by email. [1172407] [26-1575] [James Jenkins] [Entered: 06/08/2026 01:03 PM]

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75 June 8, 2026

Entry of Appearance for Alan B. Morrison as counsel for Social Justice Collaborative. Service: 06/08/2026 by email, US mail. [1172409] [26-1575]--[Edited 06/08/2026 by MMA to correct party filer] [Alan Morrison] [Entered: 06/08/2026 01:16 PM]

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76 June 8, 2026

AMICUS CURIAE BRIEF FILED by Union of Concerned Scientists, Center for Open Science, Environmental Protection Network. Service: 06/08/2026 by email. [1172410] [26-1575] This document is non-compliant. See Doc No. [95]. This amicus brief will not be considered. See Order No. [109]. [James Jenkins] [Entered: 06/08/2026 01:22 PM]

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77 June 8, 2026

Certificate of Interest for Social Justice Collaborative. Service: 06/08/2026 by email, US mail. [1172418] [26-1575] [Alan Morrison] [Entered: 06/08/2026 01:33 PM]

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78 June 8, 2026

Corrected Entry of Appearance for Alan B. Morrison as counsel for Social Justice Collaborative, amicus curiae. Service: 06/08/2026 by email, US mail. [1172427] [26-1575] [Alan Morrison] [Entered: 06/08/2026 01:53 PM]

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79 June 8, 2026

Entry of Appearance for LINDSAY DUNN; PARAS N. SHAH; ALLISON C. GILES as counsel for NATIONAL TREASURY EMPLOYEES UNION as AMICUS CURIAE. Service: 06/08/2026 by email, US mail. [1172428] [26-1575] [Lindsay Dunn] [Entered: 06/08/2026 01:56 PM]

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80 June 8, 2026

AMICUS CURIAE BRIEF FILED by Social Justice Collaborative. Service: 06/08/2026 by email, US mail. [1172429] [26-1575] This document is non-compliant. See Doc No. [97]. This amicus brief will not be considered. See Doc. No. [109]. [Alan Morrison] [Entered: 06/08/2026 01:56 PM]

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81 June 8, 2026

Certificate of Interest for Union of Concerned Scientists; Center for Open Science; Environmental Protection Network. Service: 06/08/2026 by email. [1172446] [26-1575] [James Jenkins] [Entered: 06/08/2026 02:48 PM]

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82 June 8, 2026

Entry of Appearance for David Zimmer as counsel for Nicholas R. Bednar; Amy J. Wildermuth. Service: 06/08/2026 by email, US mail. [1172471] [26-1575] [David Zimmer] [Entered: 06/08/2026 03:05 PM]

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83 June 8, 2026

MODIFIED ENTRY: AMICUS BRIEF FILED by Nicholas R. Bednar and Amy J. Wildermuth. Service: 06/08/2026 by email. [1172473]--[Edited 06/12/2026 by MMA - Reason: compliance review complete]. This amicus brief will not be considered. See Doc. No. [109]. [David Zimmer] [Entered: 06/08/2026 03:07 PM]

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84 June 8, 2026

MODIFIED ENTRY: AMICUS BRIEF FILED by National Treasury Employees Union. Service: 06/08/2026 by email. [1172491]--[Edited 06/15/2026 by MMA - Reason: compliance review complete]. This amicus brief will not be considered. See Doc. No. [109]. [Lindsay Dunn] [Entered: 06/08/2026 03:39 PM]

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85 June 8, 2026

NOTICE OF NON-COMPLIANCE: The submission of Petitioners Megan Jackler and Brandon Jaroch, Opening Brief [64], is not in compliance with the rules of this court (see attached). Compliant document due on 06/15/2026. Unless ordered otherwise, the deadline for any responsive filing runs from service of the original version. Service as of this date by the Clerk of Court. [1172506] [MMA] [Entered: 06/08/2026 04:06 PM]

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86 June 8, 2026

Amended Certificate of Interest for Amici Curiae Angela Alsobrooks, Tim Kaine, Andy Kim, Mark R. Warner, Chris Van Hollen and Gary C. Peters Michael Bennet, Mazie Hirono. Service: 06/08/2026 by email. [1172530] [26-1575] [Christopher Bonk] [Entered: 06/08/2026 04:46 PM]

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87 June 8, 2026

MODIFIED ENTRY: AMICUS BRIEF FILED by Angela Alsobrooks, Michael F. Bennet, Mazie K. Hirono, Tim Kaine, Andy Kim, Gary C. Peters, Chris Van Hollen and Mark R. Warner. Service: 06/08/2026 by email. [1172540]--[Edited 06/15/2026 by MMA - Reason: compliance review complete]. This amicus brief will not be considered. See Doc. No. [109]. [Christopher Bonk] [Entered: 06/08/2026 04:54 PM]

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88 June 8, 2026

AMICUS CURIAE BRIEF FILED by Amici Curiae AFL-CIO, American Federation of Government Employees, American Federation of State, County & Municipal Employees, International Federation of Professional and Technical Engineers, National Federation of Federal Employees and International Association of Machinists and Aerospace Workers.Harold Craig Becker. Service: 06/08/2026 by email, US mail. [1172556] [26-1575] This document is non-compliant. See Doc No. [103] [Harold Becker] [Entered: 06/08/2026 05:07 PM]

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89 June 8, 2026

Certificate of Interest for Amici Curiae Charlotte A. Burrows, Pam Coukos, Ms. Chai Feldblum, Karla Gilbride, Stuart Ishimaru, P. David Lopez, Peggy R. Mastroianni, Carol R. Miaskoff, Jocelyn Samuels, Carolyn L. Wheeler and Jenny R. Yang. Service: 06/08/2026 by email. [1172574] [26-1575] [Heidi Burakiewicz] [Entered: 06/08/2026 07:24 PM]

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90 June 8, 2026

Entry of Appearance for Heidi R. Burakiewicz as counsel for Amici Curiae Charlotte A. Burrows, Pam Coukos, Ms. Chai Feldblum, Karla Gilbride, Stuart Ishimaru, P. David Lopez, Peggy R. Mastroianni, Carol R. Miaskoff, Jocelyn Samuels, Carolyn L. Wheeler and Jenny R. Yang. Service: 06/08/2026 by email. [1172575] [26-1575] [Heidi Burakiewicz] [Entered: 06/08/2026 07:26 PM]

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Case Details

State / Territory:

- United States (national) -

Case Type(s):

Presidential/Gubernatorial Authority

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Key Dates

Filing Date: March 26, 2026

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Former Assistant Chief Immigration Judges challenging their removals from federal employment.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal

Merit Systems Protection Board

Facility Type(s):

Government-run

Case Details

Causes of Action:

Merit System Principles, 5 U.S.C §§ 2301 et seq.

Constitutional Clause(s):

Appointments Clause

Separation of Powers

Other Dockets:

U.S. Court of Appeals for the Federal Circuit 26-01575

Special Case Type(s):

Appellate Court is initial court

Available Documents:

Any published opinion

Outcome

Prevailing Party: None Yet / None

Relief Sought:

Declaratory judgment

Relief Granted:

None yet

Source of Relief:

None yet

Issues

Discrimination Area:

Discharge / Constructive Discharge / Layoff

Presidential/Gubernatorial Authority:

Civil Service

Recommended Citation