Legal Opinion

Harak v. United States

United States Court of International Trade

Decided July 18, 2006No. Court 05-00365Published

1Opinion of the Court

OPINION

BARZILAY, Judge:

Plaintiff moves for Judgment upon the Agency Record pursuant to USCIT Rule 56.1, seeking review of the denial of his application for a customs broker’s license, which was based on his failure to achieve a passing score of 75% on the requisite examination. Specifically, Plaintiff petitions this court for reversal of the Department of Homeland Security’s Assistant Secretary for Policy and Planning’s (“Assistant Secretary”) denial upon administrative review of credit for nine answers to exam questions initially scored as incorrect. Defendant has filed a cross-motion in…

2Cases cited6 opinions

  1. Consolidated Edison Co. v. National Labor Relations BoardSupreme Court of the United States · 1938
  2. Sosa v. Alvarez-MachainSupreme Court of the United States · 2004
  3. Bell v. United StatesUnited States Court of International Trade · 1993
  4. Michael J. Kenny v. John W. Snow, Secretary of the Treasury, and United StatesCourt of Appeals for the Federal Circuit · 2005
  5. Brother International Corp. v. United StatesUnited States Court of International Trade · 2005

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