Universidad Del Valle De Guatemala v. Department of Health and Human Services

NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
UNIVERSIDAD DEL VALLE DE GUATEMALA,
Petitioner
v.
DEPARTMENT OF HEALTH AND HUMAN
SERVICES,
Respondent
______________________
2025-1565
______________________
Appeal from the determination of the Department of
Health & Human Servicesno in Claim No. H-20-0-0038-4.
______________________
ON MOTION
______________________
Before REYNA, HUGHES, and STOLL, Circuit Judges.
STOLL, Circuit Judge.
O R D E R
The Department of Health and Human Services
(“HHS”) and the Universidad del Valle de Guatemala
(“UVG”) respond to this court’s show cause order. Dr.
Mario Ricardo Calderon moves for leave to intervene.
Case: 25-1565 Document: 16 Page: 1 Filed: 09/16/2025

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UNIVERSIDAD DEL VALLE DE GUATEMALA v. HHS 2
Dr. Calderon worked for UVG, a Guatemala-based non-
profit university, receiving HHS funding under a Presi-
dent’s Emergency Plan for AIDS Relief grant. Following
his removal, Dr. Calderon filed a complaint with HHS as-
serting reprisal for protected disclosures made at UVG’s fa-
cilities in Guatemala. On January 17, 2025, HHS issued a
letter concurring with its Office of Inspector General’s rec-
ommendations in favor of Dr. Calderon, stating it “repre-
sents the final agency decision on your claims and requests
for relief.” ECF No. 1-2 at 3. UVG then filed this petition.
The parties agree, as do we, that this court does not
have jurisdiction over this petition. See generally 28 U.S.C.
§ 1295. It is also common ground among the parties that
the alleged reprisal occurred outside of the United States
and that no regional circuit would appear to have jurisdic-
tion under 41 U.S.C. § 4712, which provides only for “re-
view” in “the United States court of appeals for a circuit in
which the reprisal is alleged in the order to have occurred,”
§ 4712(c)(5).1 UVG instead urges transfer to the United
States District Court for the District of Columbia, invoking
that court’s typical authority “to review federal administra-
tive action under 28 U.S.C. § 1331.” ECF No. 15-1 at 12
(cleaned up). Under the circumstances, we deem it appro-
priate to grant that request, leaving it to the district court
to determine whether it has jurisdiction.
Accordingly,
IT IS ORDERED THAT:
1 We make no determination as to whether the par-
ties are correct.
Case: 25-1565 Document: 16 Page: 2 Filed: 09/16/2025

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UNIVERSIDAD DEL VALLE DE GUATEMALA v. HHS 3
This matter is transferred to the United States District
Court for the District of Columbia.
September 16, 2025
Date
FOR THE COURT
Case: 25-1565 Document: 16 Page: 3 Filed: 09/16/2025

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