Agency Settles With Border Patrol Agent Removed from His Position and from Federal Service

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A Rio Grande Valley Border Patrol Agent was proposed for removal from his position as a Border Patrol Agent and from Federal service based on three charges of misconduct including 1.) Lack of Candor; 2.) Misuse of a Government Owned Vehicle; and 3.) Violation of Border Patrol Uniform and Grooming Standards Policy.

The allegations were that a Source of Information stated that an alien smuggler was working with a Border Patrol Agent out of Rio Grande City, Texas. Investigation identified the subject of the allegation as this Agent.

The Agent was represented by the Union in administrative procedures including presenting an oral reply to the charges. The RGV Sector Chief Patrol Agent was the Deciding Official. He sustained Charges 1 and 3 but did not sustain Charge 2. By his decision he removed the Agent. The Agent then hired Lawman Legal attorney Roberto M. Garcia based out of Edinburg, Texas, to represent him before the Merit Systems Protection Board (MSPB). Attorney Garcia filed a timely appeal for the removal decision to the MSPB.

During the course of the litigation, the Agent and the Agency reached a settlement which included a lump sum payment of $5000.00 to the Agent, rescission of the removal action, purging all reference of the removal action from the Agent’s Official Personnel Folder (OPF) and issuing an SF-50 indicating his resignation and allowing the Agent to apply for employment with any other federal agency except the Department of Homeland Security (DHS).

If you or someone you know in federal law enforcement is facing disciplinary action, call Lawman Legal at 956-223-3550, and/or send an email to roberto@rgarcialaw.com to schedule a free consultation.