Fourth Circuit Questions MSPB Jurisdiction Over Judges’ Suit (1)

A federal district court must reevaluate whether it has jurisdiction over administrative claims brought by an immigration judge association, the Fourth Circuit said Tuesday.

The district court held that the challenges by the National Association of Immigration Judges to a rule preventing them from speaking publicly on immigration issues without permission must be filed under the administrative procedures in the Civil Service Reform Act. But Judge Nicole Berner said Tuesday for the US Court of Appeals for the Fourth Circuit that the act requires a “strong and independent” Merit System Protection Board and Office of Special Counsel.

The appeal, filed ...