US Says CIT Already Heard Case on Nebraska Man's Customs Broker License Exam

The U.S. again argued that Byungmin Chae's case at the Court of International Trade challenging one question on his customs broker license exam should be dismissed under the doctrine of res judicata, which calls for the dismissal of cases already settled by the court. The Nebraska resident filed suit after his previous case, which he took all the way to the U.S. Supreme Court, saw him fall just one question shy of a passing grade on the April 2018 exam (see 2401230031) (Byungmin Chae v. U.S., CIT # 24-00086).

Chae argued in response to the government's motion to dismiss that his claim is materially different from the one raised in his initial suit because he argues for the first time in this case that the regulation that stands as the basis for question 27 is flawed. In response, the U.S. said Chae can't avoid the res judicata doctrine because it applies to "arguments or claims that were or could have been raised in the prior action."

The plaintiff's claims could have been raised earlier and for that reason the court should still dismiss the suit, the brief said.