Patrick Anthony Alexander v. Department of Homeland Security

NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
PATRICK ANTHONY ALEXANDER,
Petitioner
v.
DEPARTMENT OF HOMELAND SECURITY,
Respondent
______________________
2025-2023
______________________
Petition for review of the Merit Systems Protection
Board in No. NY-0752-23-0020-A-1.
______________________
ON MOTION
______________________
Before TARANTO, MAYER, and STARK, Circuit Judges.
MAYER, Circuit Judge.
O R D E R
Patrick Anthony Alexander petitions for review of a
Merit Systems Protection Board decision awarding less at-
torney fees than he requested. The Department of Home-
land Security moves unopposed to remand to the Board
because the decision “appears to have deducted attorney
Case: 25-2023 Document: 36 Page: 1 Filed: 02/27/2026

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ALEXANDER v. DHS 2
fees that Mr. Alexander did not . . . request” and “did not
sufficiently explain these deductions.” Mot. at 7.
It is within this court’s discretion to remand to allow
the agency to reconsider its previous position. See SKF
USA Inc. v. United States, 254 F.3d 1022, 1029 (Fed. Cir.
2001). Without drawing any conclusions regarding the
merits of the parties’ arguments, the court agrees that re-
mand here could preserve party and judicial resources.
Accordingly,
IT IS ORDERED THAT:
(1) The motion is granted. The case is remanded to the
Merit Systems Protection Board for further proceedings
consistent with this order.
(2) Each side shall bear its own costs.
February 27, 2026
Date
FOR THE COURT
ISSUED AS A MANDATE: February 27, 2026
Case: 25-2023 Document: 36 Page: 2 Filed: 02/27/2026

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