Case: 20-1810 Document: 46 Page: 1 Filed: 05/05/2021 NOTE: This disposition is nonprecedential. United States Court of Appeals for the Federal Circuit ______________________ CLAY MARTIN, Petitioner v. DEPARTMENT OF HOMELAND SECURITY, Respondent ______________________ 2020-1810 ______________________ Petition for review of an arbitrator's decision by Sam- uel Vitaro. ______________________ Decided: May 5, 2021 ______________________ CLAY MARTIN, Macomb, MI, pro se. RUSSELL JAMES UPTON, Commercial Litigation Branch, Civil Division, United States Department of Justice, Wash- ington, DC, for respondent. Also represented by JOHN V. COGHLAN, ROBERT EDWARD KIRSCHMAN, JR., FRANKLIN E. WHITE, JR. ______________________ Case: 20-1810 Document: 46 Page: 2 Filed: 05/05/2021 2 MARTIN v. DHS Before TARANTO, BRYSON, and CHEN, Circuit Judges. PER CURIAM. Clay Martin was removed from his position as a Depor- tation Officer with the United States Immigration and Customs Enforcement (ICE or Agency) in the Department of Homeland Security in October 2018, based on four charges: conduct unbecoming a law enforcement officer, unauthorized use of a government database, unauthorized use of an agency resource, and lack of candor. Mr. Martin and the American Federation of Government Employees, Local 46 (the Union) invoked arbitration following removal. An arbitrator affirmed the Agency’s decision, finding that all four charges were supported by the evidence and the penalty of removal reasonable. S.A. 1–46. We affirm. I A Mr. Martin began working for ICE in August 2008, and he eventually became a Deportation Officer, a GS-12 posi- tion, in the Detroit Field Office. S.A. 2. His removal stems from events that began on the evening of May 18, 2017, when Mr. Martin was off duty and driving in his personal vehicle in Macomb Township, Michigan, with his 10-year- old son. The prelude to the disputed aspects was Mr. Mar- tin driving on a road when a car, driven by Donald Van- Zile III, merged into Mr. Martin’s lane very closely in front of him. S.A. 2. According to a traffic-camera video, Mr. Van-Zile braked, and Mr. Martin braked behind Mr. Van- Zile’s car. S.A. 2, 71. Mr. Van-Zile then turned right into an apartment complex and stopped his car in the driveway. S.A. 2, 71. Mr. Martin soon stopped behind Mr. Van-Zile’s car, though he testified that he did not purposely follow Mr. Van-Zile into the driveway; instead, he asserted, his car slid into the driveway after he braked on the road. See S.A. 2, 244, 362–63. Case: 20-1810 Document: 46 Page: 3 Filed: 05/05/2021 MARTIN v. DHS 3 According to Mr. Martin, Mr. Van-Zile immediately jumped out of his vehicle and ran toward Mr. Martin while yelling. Mr. Martin left his vehicle and confronted Mr. Van-Zile—in an attempt, in Mr. Martin’s version, to protect himself and his son. See S.A. 3, 134, 244, 273–74. Then he escorted Mr. Van-Zile, without force, back to Mr. Van-Zile’s car and ordered him to get in and turn off the engine. See S.A. 3, 193, 246, 339, 344. Mr. Van-Zile sat down in his driver’s seat but refused to turn off the engine, and Mr. Martin …
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