CAFC Denies Customs Broker License Exam Taker's Bid for Rehearing, Ending Case
The U.S. Court of Appeals for the Federal Circuit denied customs broker license exam test taker Byungmin Chae's combined petition for panel rehearing and rehearing en banc of the appellate court's opinion landing him just one question short of passing the exam taken in April 2018. The court said Chae's petition was referred to the panel that heard the case, comprising Judges Pauline Newman, Sharon Prost and Kimberly Hughes, and was then circulated to all the judges in regular active service. A month prior, the court rejected duplicates of Chae's petition seemingly filed in error.
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After failing the exam initially, Chae appealed his results twice to CBP, once at the Court of International Trade and once at the Federal Circuit, leaving him just one correctly answered question shy of receiving a passing grade (see 2305100030). His rehearing bid centered on one question that was previously considered by the appellate court (see 2305100030) (Byungmin Chae v. Janet Yellen, Fed. Cir. # 22-2017).