From the Blog

Border Patrol Agent Proposed For Removal, Reinstated To Former Duties

A Rio Grande Valley Border Patrol Agent (the “Agent”) was proposed to be removed (terminated) from Federal Service for events arising out a traffic stop and the issuance of a citation. Allegations of unbecoming conduct towards another law enforcement officer, misuse of position, and failure to be forthcoming during an official investigation were made. Specifically, the employee was proposed for removal based on the following charges:

  1. Conduct Unbecoming a Border Patrol Agent;
  2. Misuse of Position;
  3. Failure to Timely Report; and
  4. Lack of Candor.

Pending the removal process, the Agent, an 8-year veteran, was assigned to administrative duties which did not allow the Agent to perform and execute any sort of law enforcement duties/objectives.

The Agent hired Edinburg, Texas Attorney Roberto M. Garcia to represent his interests during the oral and written reply process. Mr. Garcia successfully presented a factual and legal argument that led to an amicable resolution that included reinstating the Agent to his former position/duties. The Agent kept his career and was placed back on the job.

Mr. Garcia was the General Counsel for the National Border Patrol Council Local 3307 representing Border Patrol Agents in the Rio Grande Valley Border Patrol Sector from 2002 through 2014. He is experienced in representing Federal Law Enforcement Officers/Agents before the Merit Systems Protection Board in matters involving adverse actions of demotions, suspensions of more than 14 days and removals. If you are a Federal Law Enforcement Officer or Agent facing an adverse employment action, call the Law Offices of Roberto M. Garcia located in Edinburg, Texas and set an appointment to speak with Mr. Garcia. Click here to contact us. There is no charge for the initial consultation.

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