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BOSS v. DEPT. OF HOMELAND SEC.

2017-2231.

908 F.3d 1278 (2018)

Leonard BOSS, Petitioner v. DEPARTMENT OF HOMELAND SECURITY, Respondent.

United States Court of Appeals, Federal Circuit.

Decided: November 13, 2018.

Attorney(s) appearing for the Case

MICHAEL P. BARANIC , National Border Patrol Council, San Diego, CA, argued for petitioner.

DOMENIQUE G. KIRCHNER , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for respondent. Also represented by JOSEPH H. HUNT , ROBERT E. KIRSCHMAN, JR. , CLAUDIA BURKE .

Before Dyk, O'Malley, and Stoll, Circuit Judges.

Mr. Leonard Boss, a U.S. Border Patrol Agent, challenges a 15-day suspension imposed by his employing agency, Customs and Border Patrol ("CBP"). The suspension was based on three charges. The arbitrator vacated Charge One after finding that the deciding official violated Mr. Boss's procedural due process rights, and he then...

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