Question about awaiting request for materials

I received a NOPA for a non leo position with ICE. The NOPA is requesting that I explain my polygraph results for a CBP officer position I applied to. I don’t know how to respond to the NOPA with nothing other than to deny the false allegations against me. On the advice of a lawyer, I requested the materials so that I can get a better idea of what it is ICE wants to know. How long does it normally take to receive the materials or background file?

Why do you need materials?

You should know why you were denied a poly with CBP; the agency sends subjects letters.

All you need to do is respond to the questions in the NOPA as instructed and within the deadline.

Apparently the applicant took a polygraph with CBP that they failed. A couple years ago CBP was notorious for failing many more applicants than any other agency using the poly. Thus the applicant found themselves accused of lying when they insist they were being truthful. It sounds like the letter is only asking the applicant to explain these results; how can a person defend themselves in this case? I don’t know if they will provide any additional information.

The polygraph examiner stated that I failed the polygraph but didn’t state the reason why I failed the polygraph for CBP. I then received a NOPA from ICE asking me to explain the CBP polygraph examiner belief that I used a counter measure. I responded to ICE and told them that I did not use a counter measure and asked them to provide proof of the counter measure. Either way it goes my response will stay the same because I didn’t use a counter measure. I just don’t understand why ICE is using a polygraph that I took for a Leo position with CBP when the position with ICE is a non leo position and is not polygraph designated.

As I understand it, any failed poly on file with any DHS component is a concern for any component’s security office.

I currently work for DHS and it has never been a problem until I applied for a interagency transfer to ICE.