Upshaw v. United States

27 Ct. Int'l Trade 1687, 2003 CIT 146

• Court: United States Court of International Trade
• Decided: October 30, 2003
• Docket: Court 03-00424
• Status: Published

Opinion

OPINION

RESTANI, Judge:

This Customs broker’s license matter is before the court on defendant’s motion to dismiss for failure to state a claim, and plaintiff Solomon Upshaw’s cross-motion for judgment on the agency record. The court has jurisdiction pursuant to 28 U.S.C. § 1581(g)(1).

Plaintiff has not specified in his motion papers what relief he seeks on the agency record, although in his complaint he asked that the court award him a Customs broker’s license. The court cannot grant him a Customs broker’s license or order the relevant Government agency to do so because he has not established that he passed the Customs broker’s license examination. It is also unclear what relief he seeks with regard to his contention that he was unreasonably not permitted to take the October 2002 exam because his application was allegedly untimely. That examination has taken place. The court cannot order that he be allowed to take part. Further, another exam was given in April 2003, and there is no allegation that Mr. Upshaw was unreasonably barred from taking that examination. As there is no relief which the court can grant Mr. Upshaw on this record, his motion for judgment on the agency record is denied. The Government’s motion to dismiss is granted.