Nguyen v. Dep’t of Homeland Sec.

Nguyen is an employee at the Department of Homeland Security. In his former position as a Deportation Officer, GS-12, he worked closely with the U.S. Attorney’s Office and was often required to testify as a witness during grand jury proceedings and criminal prosecutions. In 2008, Nguyen was subject to an Office of Professional Responsibility investigation and admitted to making false statements during a police investigation. DHS initiated a removal proceeding, ultimately imposing a 14-day suspension after three of the five charges were sustained. Two years later, the USAO determined that Nguyen’s disciplinary history impaired his credibility as a witness and notified DHS that it would no longer allow Nguyen to testify in criminal prosecutions or swear out complaints. DHS initiated another removal proceeding, charging “Inability to Perform Full Range of Duties.” Finding the charge was sustained, DHS mitigated the proposed penalty and demoted Nguyen to Detention and Removal Assistant, GS-7. The Merit Systems Protection Board affirmed, holding DHS did not impermissibly subject Nguyen to double punishment, and that Nguyen’s due process rights were not violated. The Federal Circuit affirmed.View "Nguyen v. Dep't of Homeland Sec." on Justia Law