No. 22-7143

Xunxian Liu v. Xavier Becerra, Secretary of Health and Human Services, et al.

Lower Court: District of Columbia
Docketed: 2023-03-29
Status: Denied
Type: IFP
Response WaivedIFP
Tags: administrative-law agency-action agency-policy civil-rights due-process employment-rights federal-employment notice performance-improvement performance-improvement-plan procedural-rights
Latest Conference: 2023-04-28
Question Presented (from Petition)

There are many federal questions, stated Agencies ' violations chronologically as follows:

A. DHHS ' violations

1.5/21/2015. Responsible Management Official 1 issued Petitioner performance improvement plan, stating removing Petitioner 's position without pre-notifying Petitioner RM'OI 's rating Petitioner 's performance and infringing a DHHS/NIH 's policy (APPENDIX A). Does RMOl violate Petit ioner 's due process right of property clause in Amendments Fi ve and Fourteen of Constitution and Section 1983?

2. 7/30/2015, RMOs 1/2, creating Liel: RMOl 's informing Petitioner RMOl 's rating Petitioner 's performance 5/8/2015. Does RMOl injure Petitioner 's due process right of property clause in Constitution or 42 U.S. Code § 2000e-2(n) (2) (D)/(C) (fraud-based statement (FBS)), 42 U.S. Code § 2000e-l 7 (foil hearing without flaw (FLWF))?

3. Additional violations: Liel is retaliation against Petitioner 's EEO activity. Do RMOs (1 and 2) breach 42 U.S. Code § 2000e-3 other unlawful employment practices (a)?

4. Petitioner is not a White, and the Court, in CBOCS West. Inc, v. Humphries ruled that Section 1981 extends to retaliation claims. Does Liel injure Petitioner 's equal right "to enforce contracts " in Sections 1981(a) (intentional racial discrimination (IRD)) and 1983?

5. Without the pre-notification, Agency continued the foil hearing from 7/31/2015 to 8/30/2015. Does Agency infringe Petitioner 's due process right of property clause in Constitution and/or the FLWF rule in 42 U.S. Code § 2000e-17, and Sections 1981(a) (IRD), 1983?

6. 8/31/2015, RM03 's removal letter includes Liel. Does RM03 infringe Petitioner 's due process right of property clause in Constitution or 42 U.S. Code § 2000e-2(n) (2) (D)/(C) (fraud-based decision (FBD), the FLWF rule in 42 U.S. Code § 2000e-17, and Sections 1981(a) (IRD), 1983?

7. 1/23/2017. RM04, designated Liel was a meeting between RMOl and Petitioner on 5/8/2015 when Petitioner did not see RMOl. Does RM04 violate Petitioner 's due process right of property clause in Constitution or 42 U.S. Code § 2000e-2(n) (2) (D)/(C) (FBS), and Sections 1981(a) (IRD), 1983?

8. Petitioner filed a lawsuit In US District Court for Maryland (USDCM). RMOlprivately initially repeated Liel to a judge (RM

Question Presented (AI Summary)

Whether the DHHS violated Petitioner's civil-rights, due-process, and employment-rights by issuing a performance-improvement-plan and removing Petitioner's position without proper notice and rating

Docket Entries

2023-05-01
Petition DENIED.
2023-04-13
DISTRIBUTED for Conference of 4/28/2023.
2023-04-06
Waiver of right of respondent Becerra, Xavier, et al. to respond filed.
2023-03-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 28, 2023)

Attorneys

Becerra, Xavier, et al.
Elizabeth B. PrelogarSolicitor General, Respondent
Xunxian Liu
Xunxian Liu — Petitioner