CAFC Denies Nebraska Man's Rehearing Petition in 2nd Case on Customs Broker Exam
The U.S. Court of Appeals for the Federal Circuit on Jan. 9 denied Nebraska man Byungmin Chae's petition for rehearing en banc in Chae's second case on 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.
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Chae brought a second case after the results of his first one fell just short of granting him a passing grade on the test. The second case focused on one question on the test, question 27, which concerns the definition of mail articles not subject to examination.
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.
In a per curiam order, Judges Kimberly Moore, Alan Lourie, Timothy Dyk, Sharon Prost, Jimmie Reyna, Richard Taranto, Raymond Chen, Todd Hughes, Kara Stoll, Tiffany Cunningham and Leonard Stark refused to rehear the case.