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Elizabeth Aviles-Wynkoop v. Department of Defense

Paid petition · United States Court of Appeals for the Federal Circuit, No. 2019-1908 · judgment September 2, 2020


Certiorari denied · March 22, 2021
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

On January 4, 2016, I was first terminated from the Federal Government as a probationary employee. The termination letter was dated January 4, 2016 and became effective on January 4, 2016. I was denied my Constitutional right to respond to the charges prior to being terminated. The decision letter contained information that was not contained in the proposed letter. According to the United States Court of Appeals decision from the Federal Circuit, based on 5 U.S.C 7513(b)(2), I was entitled to a minimum of seven (7) days to respond to the charges prior to a removal. On June 24, 2017, the agency terminated me a second time primarily based on the evidence that was used in the first termination. During the second termination, the agency introduced new affidavits that were one year and two months old, after I was terminated and never presented in the decision letter or in the first termination letter. In essence, I was denied of my Constitutional right to respond the charges prior to the removal. I believe it would be beneficial if the Supreme Court would review the alleged perjury of the affidavits from Federal Government Officials. This was the second removal for the same offense, double jeopardy. The agency failed to defend or address my 8-million-doliar Whistleblower Enhancement Act. I am respectfully asking the court to review and determined if the respondents committed judicial default. There is a significant problem with the uniform compliance of the code of federal regulations, United States Code statues, and the problem with double jeopardy cases in the federal government. Each federal agency handles their cases differently. I am respectfully asking this court to establish a national standard pertaining to terminating a federal employee twice for the same offense without providing the employee with an opportunity to respond prior to a removal action. THE QUESTION PRESENTED IS: Can the Federal Government violate a Federal Employee's 5^ Amendment right by depriving a federal employee of his or her property right (job) without due process-the right to respond to the action prior to removal from federal service? Can a Federal Government employee be terminated twice for the same offense, and can the Federal government add new evidence that was 1 year and 2 months old after a removal? -l-

Counsel of record

For petitioner
Elizabeth Aviles-Wynkoop

For respondent
Brian H. Fletcher
Acting Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Mar 22 2021
    Petition DENIED.
  2. Mar 03 2021
    DISTRIBUTED for Conference of 3/19/2021.
  3. Feb 24 2021
    Waiver of right of respondent Dept. of Defense to respond filed.
  4. Jan 28 2021
    Petition for a writ of certiorari filed. (Response due March 1, 2021)