The U.S. Court of Appeals for the Federal Circuit affirmed the Department of Homeland Security's removal of Ricardo Irizarry from his position as Assistant Area Port Director for Customs and Border Protection in San Juan, Puerto Rico, in a nonprecedential decision issued Jan. 6, 2026.
The Federal Circuit panel, comprised of Circuit Judges Lourie, Taranto, and Chen, issued a per curiam opinion rejecting Irizarry's petition for review of the Merit Systems Protection Board's decision. The MSPB had previously sustained DHS's removal of Irizarry from federal employment in April 2024.
According to court documents, DHS removed Irizarry based on three categories of charges related to his conduct while serving as a supervisory CBP officer. The agency cited his affair with a subordinate officer, personal text messages sent to another subordinate officer, and improper use of government property as grounds for termination.
Irizarry had been promoted to the Assistant Director position at the San Juan area port in 2015, where he served as a supervisory CBP officer overseeing port operations. The case stems from events that occurred during his tenure in this leadership role within the federal customs enforcement agency.
The Merit Systems Protection Board initially heard Irizarry's challenge to his removal and issued its decision on April 24, 2024, in case No. NY-0752-23-0031-I-2. The MSPB, which handles federal employment disputes and personnel actions, determined that DHS had sufficient cause to terminate Irizarry's employment.
In his appeal to the Federal Circuit, Irizarry challenged the MSPB's findings and sought reversal of his removal. The case was designated as No. 24-1872 before the Federal Circuit, which has jurisdiction over appeals from the Merit Systems Protection Board in certain federal employment matters.
Lorenzo J. Palomares of Palomares Starbuck & Associates in Miami, Florida, represented Irizarry in the proceedings. The Department of Homeland Security was represented by multiple attorneys from the Department of Justice's Commercial Litigation Branch, including Vijaya Surampudi, Albert S. Iarossi, Patricia M. McCarthy, and Yaakov Roth. James Andrew Stevens from the Office of Associate Chief Counsel for U.S. Customs & Border Protection also represented the agency.
The Federal Circuit's decision provides limited detail about the specific allegations against Irizarry, noting only the three broad categories of misconduct cited by DHS. The charges related to an inappropriate relationship with a subordinate officer, which raises questions about abuse of supervisory authority and workplace ethics violations within federal law enforcement agencies.
The case also involved allegations regarding personal text messages sent to another subordinate officer, suggesting potential inappropriate communications that may have violated federal workplace conduct standards or CBP policy. Additionally, DHS cited improper use of government property, a common charge in federal employment cases that can encompass misuse of equipment, vehicles, or facilities.
Customs and Border Protection, as a component of the Department of Homeland Security, maintains strict standards for supervisory personnel given their role in national security and border enforcement operations. Assistant Area Port Directors like Irizarry hold significant responsibilities overseeing port operations, managing staff, and ensuring compliance with federal customs and immigration laws.
The Federal Circuit's affirmance means that Irizarry's removal from federal service stands, and his employment with CBP has been permanently terminated. The nonprecedential nature of the decision means it will not serve as binding authority for future cases, though it reflects the court's view that the MSPB's determination was supported by substantial evidence and proper legal analysis.
Federal employment law provides extensive protections for government workers, including rights to appeal adverse personnel actions through the Merit Systems Protection Board. However, supervisory employees face heightened scrutiny for conduct that could undermine agency operations or violate ethical standards, particularly in law enforcement contexts.
The case highlights ongoing challenges within federal agencies in addressing workplace misconduct, particularly involving supervisory personnel and subordinate relationships. CBP and other DHS components have faced scrutiny in recent years over workplace culture and accountability measures for leadership personnel.
For CBP operations in San Juan, the removal of an Assistant Area Port Director represents a significant personnel change given the critical role these positions play in managing one of the agency's key operational facilities in the Caribbean region. The San Juan port handles substantial commercial and passenger traffic between the mainland United States and Puerto Rico.
The Federal Circuit's decision closes Irizarry's federal court challenge to his removal, though the case demonstrates the multi-layered review process available to federal employees facing adverse personnel actions. The progression from agency action to MSPB review to Federal Circuit appeal illustrates the comprehensive procedural protections built into federal employment law, even when those protections ultimately do not prevent an employee's termination.