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NGUYEN v. DEPARTMENT OF HOMELAND SEC.

No. 2013-3024.

737 F.3d 711 (2013)

Trong Q. NGUYEN, Petitioner, v. DEPARTMENT OF HOMELAND SECURITY, Respondent.

United States Court of Appeals, Federal Circuit.

December 9, 2013.

Attorney(s) appearing for the Case

David S. Handsher , Law Offices of David Handsher, of San Francisco, CA, argued for petitioner.

Michael P. Goodman , Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent. On the brief were Stuart F. Delery , Acting Assistant Attorney General, Jeanne E. Davidson , Director, Reginald T. Blades Jr. , Assistant Director, and Jane W. Vanneman , Senior Trial Counsel. Of counsel on the brief was J. Douglas Whitaker , Senior Attorney, Office of Chief Counsel, United States Department of Homeland Security, Immigration and Customs Enforcement, of Omaha, NE.

Before DYK, O'MALLEY, and WALLACH, Circuit Judges.

WALLACH, Circuit Judge.

Trong Nguyen is an employee at the Department of Homeland Security ("the Agency"). In Mr. Nguyen's former position as a Deportation Officer, GS-12, he worked closely with the United States Attorney's Office for the Northern District of California ("USAO"). Mr. Nguyen was often required to testify as a witness during grand jury proceedings and criminal prosecutions. In 2008, Mr. Nguyen was subject to an Office of Professional Responsibility...

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