Reynald Lapuebla v. Alejandro Mayorkas

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS AUG 20 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

REYNALD LAPUEBLA, No. 22-16520

Plaintiff-Appellant, D.C. No. 1:19-cv-00097

v.

MEMORANDUM*

ALEJANDRO N. MAYORKAS, Secretary, U.S. Department of Homeland Security; et al.,

Defendants-Appellees.

Appeal from the United States District Court for the District of Guam Michael J. Bordallo, Magistrate Judge, Presiding

Argued and Submitted February 12, 2024 Honolulu, Hawaii

Before: PAEZ, M. SMITH, and KOH, Circuit Judges. Dissent by Judge M. SMITH.

Reynald LaPuebla (“LaPuebla”), a U.S. Customs and Border Protection

(“CBP”) officer in Guam, appeals the district court’s grant of summary judgment

in favor of Secretary Alejandro Mayorkas, the U.S. Department of Homeland

Security, and CBP (collectively, “the Agency”). LaPuebla sued the Agency for a

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. hostile work environment under 42 U.S.C. § 2000e (“Title VII”) after a colleague

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