United States DC Circuit

In a petition for review of a 2009 order of the Transportation Security Administration (TSA), an agency within the Department of Homeland Security, denying petitioner's request for waiver of a rule barring him from receiving a hazardous materials endorsement (HME) for his commercial driver's license because of his 1975 conviction for possession of an unregistered explosive device, the petition is granted where: 1) petitioner could not collaterally attack his conviction in pursuit of an HME; 2) the regulation at issue did not violate the Ex Post Facto Clause; but 3) the TSA was arbitrary and capricious in treating his appeal as a request for a waiver and simultaneously denying that request.

Appellate Information

• Argued 04/13/2010
• Decided 07/23/2010
• Published 07/26/2010

Judges

• Douglas C. Ginsburg

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Meghan Ferguson, Benjamin M. Shultz