Describing it as a “close case,” the U.S. Court of Appeals for the D.C. Circuit has revived a pro se litigant’s lawsuit against the Bureau of Alcohol, Tobacco, Firearms and Explosives that accuses the agency of job retaliation.

Judges Bradley Garcia, Gregory Katsas and Harry Edwards said ATF employee Tommy Ho’s complaint could go forward, despite a 10-month gap between when he filed his last of three equal employment opportunity claims alleging discrimination and retaliation at the agency for not being picked for a program manager position.