Roberson v. Mspb

N
OTE: This order is nonprecedential.

United States Court of Appeals
for the Federal Circuit
______________________
JAIN-MIECELL I. ROBERSON,
Petitioner

v.

MERIT SYSTEMS PROTECTION BOARD,
Respondent
______________________

2026-1666
______________________

Petition for review of the Merit Systems Protection
Board in No. PH-1221-24-0083-W-1.
______________________

ON MOTION
______________________
Before LOURIE, PROST, and REYNA, Circuit Judges.
PER CURIAM.
O R D E R
The Merit Systems Protection Board moves unopposed
to waive Federal Circuit Rule 27(f) and for remand “for the
administrative judge to clearly and correctly articulate the
legal standards applied and, if necessary, to provide [Jain-
Miecell I.] Roberson an opportunity to submit additional
briefing.” ECF No. 15 at 6.
Case: 26-1666 Document: 17 Page: 1 Filed: 08/12/2026

ROBERSON v. MSPB 2
It is within this court’s discretion to remand to allow
the agency to reconsider its previous position. See SKF
USA Inc. v. United States, 254 F.3d 1022, 1029 (Fed. Cir.
2001). Without drawing any conclusions regarding the
merits of the parties’ arguments, the court agrees that re-
mand here could preserve party and judicial resources.
Accordingly,
I
T IS ORDERED THAT:
(1) The motion is granted. The matter is remanded for
further proceedings consistent with this order and the mo-
tion.
(2) Each party shall bear its own costs.

August 12, 2026
Date
FOR THE COURT

ISSUED AS A MANDATE: August 12, 2026
Case: 26-1666 Document: 17 Page: 2 Filed: 08/12/2026