Harold L. Wilborn v. Alejandro N. Mayorkas, Secretary of Homeland Security

The following Questions are to provide notice of the grounds Petitioner seeks certiorari and resolve questions of particular importance.

1. Whether procedural due process under the Fourth, Fifth and Fourteenth Amendments of the Constitution of the United States, denied by the District Court of Southern California and the U.S. Attorney’s Office for the District of Southern California, are deprivation of a Constitutionally protected liberty or property interest and a denial of adequate procedural protection.

2. Whether the Civil Rights Act of 1964, (Title VII), the Civil Service Reform (CSRA), or USERRA violations, provide removal of jurisdiction given to federal courts to precluded federal employees, under the circumstances of the case.

3. Whether this Supreme Court has subject matter jurisdiction of constitutional claims United States’ has not waivered sovereign immunity.

4. Whether failure to state a claim under Fed. R. Civ. P. 12(b)(6) accepted as true warrant dismissal for lack of subject matter jurisdiction, without considering all allegations of material fact.

5. Whether dismissal with prejudice for failure to state claim under Title VII facially challenges the validity of the statute, under CSRA claimed by Respondent as the only original forum for this case.

6. Whether expunged EEOC case used to obstruct legitimate procedures for appealing personnel actions are fairly included herein.