Linda M. Jwanouskos v. Department of the Treasury

NOTE: This disposition is nonprecedential.
United States Court of Appeals for the Federal Circuit
2007-3123
LINDA M. JWANOUSKOS,
Petitioner,
v.
DEPARTMENT OF THE TREASURY,
Respondent.
Linda M. Jwanousko, of Clearwater, Florida, pro se.
Armando Rodriguez-Feo, Trial Attorney, Commercial Litigation Branch, Civil
Division, United States Department of Justice, of Washington, DC, for respondent. With
him on the brief were Peter D. Keisler, Assistant Attorney General, Jeanne E. Davidson,
Director, and Bryant Snee, Deputy Director.
Appealed from: United States Merit Systems Protection Board

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NOTE: This disposition is nonprecedential.
United States Court of Appeals for the Federal Circuit
2007-3123
LINDA M. JWANOUSKOS,
Petitioner,
v.
DEPARTMENT OF THE TREASURY,
Respondent.
___________________________
DECIDED: June 11, 2007
___________________________
Before RADER, BRYSON, and LINN, Circuit Judges.
PER CURIAM.
The Merit Systems Protection Board (Board) sustained the removal of Ms. Linda
M. Jwanouskos from the United States Secret Service due to the loss of her security
clearance. Linda M. Jwanouskos v. Dep't of the Treasury,1 MSPB Docket No.
DC0752000091-I-1 (Initial Decision, March 6, 2000; Final Order, December 7, 2006).
Because substantial evidence supports the Board's decision, this court affirms.
I
On January 15, 1998, the United States Secret Service proposed to revoke Ms.
Jwanouskos's Top Secret security clearance because numerous events had called her
suitability for a clearance into question. On March 4, 1998, Ms. Jwanouskos responded
1 As of 2002, Congress transferred responsibility for the Secret Service to the
United States Department of Homeland Security. See Homeland Security Act of 2002,
Pub. L. No. 107-296, § 821, 116 Stat. 2135, 2224 (2002).

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to this proposal. After consideration, the Deputy Assistant Director of the Secret
Service decided to revoke Ms. Jwanouskos's security clearance. The revocation
became final when Ms. Jwanouskos did not file an appeal.
On October 18, 1999, the Secret Service removed Ms. Jwanouskos from
employment as a sergeant in its Uniformed Division for failure to meet security
clearance requirements. On November 5, 1999, Ms. Jwanouskos filed an appeal with
the Board. The Board upheld the Secret Service's removal of Ms. Jwanouskos. The
Board found that all Secret Service positions required a security clearance and that
upon revocation of Ms. Jwanouskos's security clearance, removal was the only option.
Over seven years later, Ms. Jwanouskos sought review of the Board's initial decision.
While the Board did not address the timeliness of Ms. Jwanouskos's petition, it affirmed
its initial decision.
II
This court must affirm the Board’s decision to uphold Ms. Jwanouskos's removal
unless Ms. Jwanouskos shows that the decision is (1) arbitrary, capricious, an abuse of
discretion, or otherwise not in accordance with law; (2) obtained without procedures
required by law, rule, or regulation having been followed; or (3) unsupported by
substantial evidence. 5 U.S.C. § 7703(c); Schmittling v. Dep’t of the Army, 219 F.3d
1332, 1335 (Fed. Cir. 2000).
The Board properly reviewed the procedures followed by the Secret Service and
the decision to remove Ms. Jwanouskos. After reviewing the record and the applicable
law, the Board found that the Secret Service provided Ms. Jwanouskos with proper
procedural safeguards with respect to the clearance revocation and removal from her
2007-3123 2

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position. 5 U.S.C. § 7513. After considering all of the evidence, the Secret Service
removed Ms. Jwanouskos from employment due to the revocation of her clearance.
Once the Board decided that the Secret Service followed proper procedures for
clearance revocation, the decision to revoke Ms. Jwanouskos's clearance was
practically not reviewable. See Dep't of the Navy v. Egan, 484 U.S. 518, 530-31 (1988).
Because all Secret Service positions require a security clearance, substantial evidence
supports the Board's decision to uphold the removal of Ms. Jwanouskos. Accordingly,
this court affirms the Board’s decision.
2007-3123 3

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