Gallegos

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS OCT 16 2025

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

LUPITA GALLEGOS, No. 24-6323 Agency No. DE-1221-22-0304-W-1 Petitioner, Merit Systems Protection Board v. MEMORANDUM*

UNITED STATES DEPARTMENT OF

COMMERCE,

Respondent.

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

Argued and Submitted September 18, 2025 Phoenix, Arizona

Before: COLLINS, MENDOZA, and DESAI, Circuit Judges.

Lupita Gallegos petitions for review of the Merit Systems Protection Board’s

(“Board”) administrative decision denying her claim of wrongful termination from

the U.S. Census Bureau (“agency”). We have jurisdiction under 5 U.S.C.

§ 7703(b)(1)(B). We deny the petition.

1. The Board’s decision must be set aside if it is “(1) arbitrary, capricious,

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. an abuse of discretion, or otherwise not in accordance with law; (2)…