Supervisory Border Patrol Agent Reinstated With Back Pay And Benefits
A Rio Grande Valley Sector Supervisory Border Patrol Agent was removed from Federal Service for events surrounding an encounter with a non-cooperative undocumented alien resisting apprehension. The Agent was removed based on two charges of misconduct:
- Failure to Follow the Use of Force Policy; and
- Failure to be Forthright.
The Agent hired Roberto M. Garcia to represent his interests before the Merit Systems Protection Board. Mr. Garcia was able to successfully negotiate with the Agency for a reduction of the charges of misconduct, the Agent’s reinstatement to duty with back pay and the restoration of benefits that he lost. The presiding MSPB Administrative Law Judge approved the settlement on April 27, 2016.
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.