United States Federal Circuit

In an action brought after plaintiff, a licensed U.S. customs broker, had his customs license revoked for failure to file the triennial status report required of all customs brokers, denial of relief in his action to compel Customs to reinstate his license is remanded for dismissal of the complaint where: 1) 19 U.S.C. section 1641(g) provides the Secretary with independent authority to revoke a customs broker's license, an action that is unreviewable in the Court of International Trade; and 2) the Court of International Trade can consider the applicability of the transfer statute, 28 U.S.C. section 1631, on remand.

Appellate Information

• Decided 01/27/2009
• Published 01/27/2009

Judges

• BRYSON, Circuit Judge., Before MAYER, BRYSON, and PROST, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• John M. Peterson, Neville Peterson LLP, of New York, NY, argued for plaintiffs-appellants.   With him on the brief was Michael T. Cone.


• For Appellees:
  
• Mikki Cottet, Senior Trial Attorney, International Trade Field Office, Civil Division, United States Department of Justice, of New York, NY, argued for defendant-appellee.   With her on the brief were Barbara S. Williams, Attorney in Charge, and Gregory G. Katsas, Assistant Attorney General, and Jeanne E. Davidson, Director, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC. Of counsel was Joanne M. Halley, Senior Deputy, Office of Deputy Associate Chief Counsel, United States Customs and Border Protection, of Long Beach, CA.