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Air Force Justice Information System Goes Live

The first case from the Air Force security forces has been uploaded to the new Air Force Justice Information System (AFJIS). The system is a step toward modernizing criminal data reporting within the Department of Defense (DoD) and creating more integrated awareness of criminal activities.

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Case Law Update Conor Dirks Case Law Update Conor Dirks

Federal Circuit: Cadet Service Cannot Help Satisfy Five-Year FERS Service Requirement

A political appointee retired from federal service after almost four years of civilian service, relying on advice from a human resources official that he could “buy back” time spent as a cadet at West Point and credit it towards the five years of civilian service required to qualify for a FERS retirement annuity. When OPM found that he was ineligible for an annuity, he appealed to the Merit Systems Protection Board, which affirmed OPM’s decision. The employee appealed. On October 2, 2019, the United States Court of Appeals for the Federal Circuit affirmed the Board’s decision.

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OPM Issues Agency Memo on Streamlining Performance Management

In a memo issued to agency leadership last week, Office of Personnel Management (OPM) Director Dale Cabaniss provides agencies with a roadmap for streamlining performance management and dismissal policies and procedures. The memo aligns with the President’s Management Agenda (PMA) priorities on “modernizing the federal government and its workforce.”

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CBP Announces Contract Awards for New Border Wall System

Customs and Border Protection (CBP) announced this week three contracts that have been awarded for the construction of 65 miles of new border wall systems across the Rio Grande Valley. The new border fencing will be located across Starr, Hidalgo, and Cameron Counties in Texas.

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Case Law Update Michael J. Sgarlat Case Law Update Michael J. Sgarlat

Second Circuit: Plausible FTCA Claim Made Where Immigration Detainer Was Imposed without Probable Cause

On September 27, 2013, Luis Hernandez, a U.S. citizen, was arrested and charged with public lewdness, a misdemeanor. While he was being processed in the New York City criminal court system, U.S. Department of Homeland Security (DHS) Officer W. Outlaw lodged an immigration detainer against him, incorrectly asserting that Hernandez was the subject of an order of removal. The detainer identified Hernandez as an “alien” named “Luis Enrique Hernandez-Martinez” with a nationality of “Honduras.” The detainer requested the city’s department of corrections maintain custody of Hernandez, and the city complied.

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The Risk Roundtable

Tune in to FEDtalk this week for a discussion on Enterprise Risk Management. The federal government is great at responding to problems, but experts across the federal community have ideas on how to make the government more proactive rather than reactive. Assessing and managing risk is an integral part of this mission.

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The Takedown FEDagent The Takedown FEDagent

Colombian Narcotics Kingpin Sentenced for Bribing Former Special Agent

A Colombian cartel leader was sentenced to 27 months in prison followed by three years of supervised release in the Southern District of Florida for bribing a former special agent with Immigration and Customs Enforcement’s Homeland Security Investigations (ICE-HSI) team. The cocaine trafficker, Jose Bayron Piedrahita-Ceballos, bribed the ICE-HSI official to dismiss a drug trafficking indictment against him.

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MSPB Encourages Agencies to Focus on Emotional Labor

In the Merit Systems Protection Board’s September newsletter, the group focused on the toll of emotional labor and ways agencies can relieve emotional fatigue. The newsletter highlighted how investigative positions can induce high levels of emotional and compassion fatigue, making it difficult to perform tasks effectively.

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DHS Acting Secretary Announces End to ‘Catch and Release’

During a speech at the Council on Foreign Relations (CFR) this week, Acting Secretary of the Department of Homeland Security (DHS) Kevin K. McAleenan announced that the department is effectively ending the “catch and release” policy for Central American families arriving at the Southern border.

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The Takedown FEDagent The Takedown FEDagent

Florida Man Arrested for Racially Motivated Threats Against Prospective Candidate for Local Office

A federal grand jury in the Western District of Virginia returned a sealed indictment on September 11 charging a Florida man with making racially motivated threats against a prospective candidate for a local city council position in Charlottesville, Virginia. The incident was investigated by the Federal Bureau of Investigation (FBI) field office in Tampa, Florida.

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Members of Congress Urge President to Fill IG Vacancies

Members of the Senate Committee on Homeland Security and Governmental Affairs wrote the president last week urging him to fill vacant inspector general (IG) positions in the federal government. The letter outlines current vacancies and expresses the importance of stable, permanent leadership.

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Rep. Haaland Introduces BADGES Act with Bipartisan Support

Representative Deb Haaland (D-NM) has formally introduced legislation to improve federal law enforcement reporting mechanisms for missing and murdered indigenous women. The Bridging Agency Gaps and Ensuring Safety for Native Communities Act (BRIDGES Act) was introduced upon the return from recess with 10 cosponsors, five Democrats and five Republicans.

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The High Stakes of Human Capital Management

Tune in to FEDtalk this week for a discussion on the human capital management within the federal government. Across the federal government reforms are underway, but the Government Accountability Office (GAO) has warned that reforms may be unsuccessful without a focus on human capital management.

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