Federal Circuit Denies Oral Argument Bid in Customs Broker Exam Case
The U.S. Court of Appeals for the Federal Circuit in a Nov. 21 order denied customs broker test taker Byungmin Chae's motion for an oral argument in his case seeking credit on a select number of test questions. The court said that the appeal will be submitted on their briefs without oral argument (Byungmin Chae v. Janet Yellen, Fed. Cir. #22-2017).
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After taking the exam, Chae notched a 65% score -- shy of the 75% threshold needed to pass the test (see 2209010038). The test taker appealed his results to CBP's Broker Management Branch, where a change brought his score up to 67.5% in August 2018. Chae then appealed to the CBP executive assistant commissioner, which brought his score up to 71.25%, though he still needed CBP to grant him three more correct answers to get his license. Chae filed suit at the Court of International Trade, contesting five questions on the test, though only getting credit for one.