Valenzuela

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS SEP 18 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

MARIO R. VALENZUELA, No. 23-1751 Merit Systems Protection Board Petitioner,

MEMORANDUM*

v.

MERIT SYSTEMS PROTECTION

BOARD,

Respondent.

On Petition for Review of an Order of the Merit Systems Protection Board

Submitted September 13, 2024** Pasadena, California

Before: SCHROEDER, R. NELSON, and MILLER, Circuit Judges.

Mario Valenzuela alleges that his former employer, U.S. Customs and Border

Protection (CBP), violated the Whistleblower Protection Act by retaliating against

him for disclosing a defect in an alert system. After exhausting his administrative

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). remedies, Valenzuela filed an Individual Right of Action with the Merit Systems

Protection Board. The Board dismissed his appeal for lack of jurisdiction,…