Whether the D.C. Circuit Court's dismissal of a mixed case appeal without an evidentiary hearing violates due process and prevents judicial review of a federal employee's discrimination claims

QUESTION(S) PRESENTED This Court having decided the federal-question jurisdiction of mixed case dismissals by the MSPB for lack of jurisdiction in this case, Perry v. MSPB S. Ct. 16-399 (2017), that this case was properly before the MSPB and judicial review occurs in the district court. . Footnote 10 in this Court’s decision in Perry (2017) states, “Tf a reviewing court “agree[d] with the Board’s assessment [that Perry’s retirement was voluntary],” then Perry would : indeed have “lost his chance to pursue his ... discrimination claim[s],” post, at 3, for those claims would have been defeated had he voluntarily submitted to the agency's action.” This second appeal of the D.C. Circuit Court’s jurisdictional decision in this case presents the following question: 1. Whether, without having been provided an evidentiary hearing on a . nonfrivolous allegation of coercion before the MSPB, a procedure required by law, the D. C. Circuit Court of Appeals’ partial decision affirming the district court’s ruling sustaining that the MSPB properly dismissed Perry’s mixed case for lack of jurisdiction with prejudice is reconcilable with the Supreme Court’s jurisdictional decision and processing guidelines in Perry v. MSPB, ; 582 US. 420 (2017) and unlawfully causes petitioner to have “lost his chance to pursue his ... discrimination claim[s].” 2. Whether, the district court's decision to dismiss a nonfrivolous allegation of a . discriminatory civil service personnel action for lack of jurisdiction instead of on the merits as this Court stated in the Perry (2017) decision is a reversible legal error and violation of appellant’s due process rights that create a structural error and structural barrier against a federal employee's right to bring a mixed case appeal to the district court for a prescribed trial de novo and de novo review. 3. Whether 5 U.S.C. 7702 and 7703 by its plain text language appropriates a deferential arbitrary and capricious standard of judicial review to a nonfrivolous allegation of an agency adverse discriminatory civil service . personnel action when an evidentiary hearing required by law was denied at the MSPB and the Circuit Court fails to order such hearing in the District Court or whether under any circumstances when, as this Court has decided, the jurisdiction and the merits of a constructive personnel action are inextricably intertwined.