Kenny v. Snow

5 Citing cases

  1. Dunn-Heiser v. U.S.

    374 F. Supp. 2d 1276 (Ct. Int'l Trade 2005)   Cited 2 times

    Although Applicant frames her prayer for relief in this action as a request for credit for her answer to a question on the customs broker license examination, it is treated — for purposes of jurisdiction — as a challenge to the denial of a license, because "the denial of a license is a foregone conclusion for an unsuccessful examinee." SeeKenny v. Snow, 401 F.3d 1359, 1361 n. 3 (Fed. Cir. 2005).I. Background

  2. Chae v. Yellen

    No. 2022-2017 (Fed. Cir. Apr. 25, 2023)

    In assessing CBP's ultimate licensing decision, "[c]on-sistent with the broad powers vested in the Secretary [of the Treasury] for licensing customs brokers under 19 U.S.C. § 1641, the denial of a license can be overturned only if the decision was arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with the law." Kenny v. Snow, 401 F.3d 1359, 1361 (Fed. Cir. 2005) (citing 5 U.S.C. § 706). Within that framework, decisions as to individual CBLE questions are reviewed for support by substantial evidence, as detailed in Kenny:

  3. Harak v. U.S.

    Court No. 05-00365 (Ct. Int'l Trade Jul. 18, 2006)   Cited 2 times

    Underpinning a decision to deny a license arising from an applicant's failure to pass the licensing examination are factual determinations grounded in examination administration issues-such as . . . the allowance of credit for answers other than the official answer-which are subject to limited judicial review. . . .Kenny v. Snow, 401 F.3d 1359, 1361 (Fed. Cir. 2005). Although this Court reviews each exam question, "[p]arties should not conclude from the court's detailed examination of the test answers that the court is some kind of final reviewer of the [exam]."

  4. Depersia v. U.S.

    637 F. Supp. 2d 1244 (Ct. Int'l Trade 2009)

    Consistent with the broad powers vested in the Secretary for licensing customs brokers under the statute, is the authority to deny an application for a license based on the failure to pass the licensing examination. See Kenny v. Snow, 401 F.3d 1359, 1361 (Fed. Cir. 2005) ("Among the lawful grounds for denying a license is the failure to pass the licensing examination."). 19 U.S.C. § 1641(b)(2) provides that:

  5. Delgado v. U.S.

    491 F. Supp. 2d 1252 (Ct. Int'l Trade 2007)   Cited 1 times

    Here, because a literal reading of the statute creates an absurd result, the court, therefore, rejects the plain meaning of the statute and finds that subdivision (e) sets out the proper scope of review for this action. see Kenny v. Snow, 401 F.3d 1359, 1361 (Fed. Cir. 2005) (citing 5 U.S.C. § 706 when reviewing denial of a customhouse brokers license). This being so, the APA provides, in relevant part: