Stacey Rogers v. Department of Homeland Security, AT-0752-22-0332-B-1

Stacey K. Rogers was removed from her position by the Department of Homeland Security.
Rogers appealed her removal to the Merit Systems Protection Board (MSPB).
The MSPB administrative judge affirmed the agency’s removal decision on remand, adopting prior findings from an earlier decision.
Rogers filed a petition for review, arguing procedural and substantive errors during the proceedings and alleging false witness testimony.
The MSPB reviewed her petition, focusing on whether there was any legal or factual error justifying further review.
The Board ultimately denied Rogers' petition, affirming the agency's removal action as the final Board decision.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Validity of Agency's Charges	DHS failed to prove charges	Charges are supported by evidence	Evidence supports agency’s charges
Reasonableness of Removal Penalty	Removal was an unreasonable sanction	Removal was appropriate under the facts	Penalty of removal was reasonable
Credibility of Witness Testimony	Witnesses for DHS gave false testimony	Witness testimony was credible	No error in credibility determinations
Application of Correct Legal Standard/Procedure	Errors and procedural flaws prejudiced appeal	Procedures followed and ruling was fair	No procedural/legal error affecting the outcome

Perry v. Merit Systems Protection Board, 582 U.S. 420 (2017) (holding that discrimination claims may be reviewed in district court after MSPB action)