Nebraska Man Urges Full CAFC to Reconsider Dismissal of 2nd Suit on Customs Broker Exam
Nebraska man Byungmin Chae on Dec. 3 urged the entire U.S. Court of Appeals for the Federal Circuit to reconsider his second case against the results of his April 2018 customs broker license examination after the court dismissed the case on the basis that Chae should have raised his claims in his first case on the test (Byungmin Chae v. United States, Fed. Cir. # 25-1379).
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Chae brought a second case after his first one fell just short of granting him a passing grade. The second case focused on one question of the test, question 27, which concerns the definition of mail articles not subject to examination.
Chae specifically claimed that when he took the exam, he was following U.S. v. Baxter, but after the exam, the law changed when the U.S. Court of Appeals for the 3rd Circuit vacated that decision. Chae said this change in law "was something new" that he could not have presented in his first case.
The court said last month that Chae should have raised this issue in his first case, since Chae also challenged question 27 in his first case (see 2511190015). In his motion for rehearing, Chae said the court didn't grapple with his claims on the merits, urging the full court to do so in reconsidering the case.