Florent BAYALA, Appellant v. UNITED STATES DEPARTMENT OF HOMELAND SECURITY, Office of the General Counsel, Appellee, 599 F. App'x 389

ORDER PER CURIAM. Upon consideration of the motion for

summary affirmance, the response thereto, and the reply, it is ORDERED that the motion for

summary affirmance be denied. The merits of the parties’ positions are not so clear as to warrant

summary action. See Taxpayers Watchdog, Inc. v. Stanley, 819 F.2d 294, 297 (D.C.Cir.1987) (per curiam). Because the court has determined that

summary disposition is not in order, the Clerk is instructed to calendar this case for presentation to a merits panel.