Boss v. Dep't of Homeland SEC.

Stoll, Circuit Judge.

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 reduced the suspension to ten days. Mr. Boss admits that Charges Two and Three, which the arbitrator did not vacate, are unrelated to the alleged due process violation. Nevertheless, he argues on appeal that Charges Two and Three should fall with…