CAFC to Mull Man's 2nd Appeal on Customs Broker License Exam Without Oral Argument
The U.S. Court of Appeals for the Federal Circuit will consider Nebraska man Byungmin Chae's appeal regarding one question on the April 2018 customs broker license exam without holding oral argument, according to a Sept. 19 notice from the court. The court said the case will be submitted to a three-judge panel on the court who will decide the appeal on the briefs only (Chae v. United States, Fed. Cir. # 25-1379).
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Before the case is submitted, the court said the parties can file a memorandum in lieu of oral argument or a motion requesting oral argument.
The appeal is the second of its kind filed by Chae. Both of his cases focused on the results of the April 2018 customs broker license exam. Following litigation before the Court of International Trade and the Federal Circuit in his first case, the man wound up one correctly answered question shy of a passing grade (see 2310300023).
Chae then returned to the trade court, arguing that he should receive credit for question 27 on the exam (see 2409030022). He argued that his suit is materially different from his previous foray at CIT, saying he's challenging the question on a different basis than he did previously. The trade court rejected this claim, finding that Chae failed to offer any new facts that arose after his first case and merely offered supplementary arguments (see 2411130013).