PETITION FOR WRIT OF CERTIORARI - Question Presented for Review - Which mail articles are not subject to examination or inspection by Customs?

Sep 26, 2026

Uploaded by jayni

Petitioner Byungmin Chae petitions for a Writ of Certiorari seeking Supreme Court review of a judgment from the United States Court of Appeals for the Federal Circuit. The review question focuses on which mail articles are exempt from Customs examination or inspection. The petition identifies specific categories of mail items and relies on constitutional provisions and statutory/regulatory provisions, including 19 U.S.C. § 1641(b)(2) and cited regulations addressing exceptions for certain official, diplomatic, and related mail shipments.

LanguageEnglish

CategoryExam

FormatPDF

Pages19

Reading Time48 min

AccessFree to download

QUESTION PRESENTED FOR REVIEW

LIST OF ALL PARTIES

LIST OF RELATED PROCEEDINGS

TABLE OF CONTENTS

TABLE OF CITED AUTHORITIES

CITATIONS OF OPINIONS AND ORDERS

BASIS FOR JURISDICTION

CONSTITUTIONAL PROVISIONS AND STATUES INVOLVED

STATEMENT OF THE CASE

FILED JUN 242023 S55IEMCUC,Us. BYUNGMIN CHAEPetitioner,Appellant V. JANET YELLEN,THE UNITED STATES SECRETARYOF THETREASURY ALEJANDRO MAYORKAS,THE UNITED STATESSECRETARY OF THE HOMELAND SECURITY,THE UNITED STATES DEPARTMENT OF THETREASURY,THE UNITED STATES DEPARTMENT OFTHE HOMELAND SECURITY,AND THE UNITED STATESRespondents,Appellees ON PETITION FOR WRIT OF CERTIORARITO THE UNITED STATES COURT OF APPEALSFOR THE FEDERAL CIRCUIT PETITION FOR WRIT OF CERTIORARI BYUNGMIN CHAE3638 S.205TH STREETELKHORN,NE 68022TEL:646.678.0066EMAIL:benchaeny@gmail.com # QUESTION PRESENTED FOR REVIEW Which of the following mail articles are not subject to examination orinspection by Customs? A.Bona-fide gifts with an aggregate fair retail value not exceeding$800 in the country of shipment B.Mail packages addressed to officials of the U.S.Governmentcontaining merchandise C.Diplomatic pouches bearing the official seal of France andcertified as only containing documents D.Personal and household effects of military and civilian personnelreturning to the United States upon the completion ofextended duty abroad E.Plant material imported by mail for purposes of immediateexportation by mail i LIST OF ALL PARTIES PETITIONER:BYUNGMIN CHAE EXAMINEE FOR THE CUSTOMS BROKER LICENSE IN THEMONTH OF APRIL 2018 RESPONDENT: JANET YELLEN,THE UNITED STATES SECRETARY OF THETREASURY ALEJANDRO MAYORKAS,THE UNITED STATESSECRETARY OF THE HOMELAND SECURITYTHE UNITED STATES DEPARTMENT OF THE TREASURYTHE UNITED STATES DEPARTMENT OF THE HOMELANDSECURITY,AND THE UNITED STATES # LIST OF RELATED PROCEEDINGS 1.THE UNITED STATES COURT OF INTERNATIONAL TRADE COURT NO.20-00316 BYUNGMIN CHAE v.JANET YELLEN THE DEPARTMENT OFTHE TREASURY,ALEJANDRO MAYORKAS,THEDEPARTMENT OF HOMELAND SECURITY AND THEUNITED STATESJUDGEMENT ENTERED:JUNE 6,2022 2.THE UNITED STATES COURT OF APPEALS FORFEDERAL CIRCUIT COURT NO.22-2017 BYUNGMIN CHAE v.JANET YELLEN THE DEPARTMENT OFTHE TREASURY,ALEJANDRO MAYORKAS,THEDEPARTMENT OF HOMELAND SECURITY AND THEUNITED STATESJUDGEMENT ENTERED:APRIL 25,2023 3.THE UNITED STATES COURT OF APPEALS FOR FEDERAL CIRCUIT COURT NO.22-2017 BYUNGMIN CHAE v.JANET YELLEN THE DEPARTMENT OFTHE TREASURY,ALEJANDRO MAYORKAS,THEDEPARTMENT OF HOMELAND SECURITY AND THEUNITED STATES JUDGEMENT ON PETITION FOR PANEL REHEARINGAND REHEARING EN BANC ENTERED:JUNE 12,2023 # TABLE OF CONTENTS Question presented for reviewList of All PartiesList of Related ProceedingsTable of Cited AuthoritiesCitations of Opinions and OrdersBasis for Jurisdiction # Constitutional Provisions and Statues InvolvedStatement of the CaseReply Arguments 1)The Unavailability 2)The Inapplicability 3)The ExceptionConclusionAppendix *1 ii ii iv V 1 1 2 6 8 9 10 13 14 # TABLE OF CITED AUTHORITIES CASES Carrier v.U.S.,20CIT227,228.Slip.Op.96-36(Feb.13,1996)Dunn·6Heiser v.U.S..374F.Supp.2d1276,1280(CITMay31.2005)7Germscheid v.U.S.,19CIT706,708-9,888F.Supp.1197,1200(1995)7Kenny v.Snow.401F.3d1359.1361(Fed.Cir.2005)60'Quinn v.U.S..24CIT324,325,100F.Supp.2d1136.1138(2000)3,7 STATUTES 19U.S.C.§1641(b)(2) 1.6 19U.S.C.§1641(e)(3) 7 REGULATIONS 19C.F.R.§111.11(a)(4)19C.F.R.§111.1619C.F.R.§145.2.(b)(3)19C.F.R.§145.37(c)19C.F.R.§145.38 6 6 1,10,11 2,9,10 10 # CITATIONS OF OPINIONS AND ORDERS 1.The opinion of the Court of International Trade Appeals appears on that court’s web site as Slip Op.22-59 as "chaevs secretary of the treasury” https://www.cit.uscourts.gov/content/slip-opinions-2022 2.The order of the court of appeals for the federal circuit appears onthat court's web site as Court No 22-2017with the docketnumber 29 dated on April 252023 https://ecf.cafc.uscourts.gov/n/beam/servlet/TransportRoom 3.The order of the court of appeals for the federal circuit appears onthat court's web site as Court No 22-2017 with the docketnumber 35 dated on June 122023 https://ecf.cafc.uscourts.gov/n/beam/servlet/Tra

FAQs

What issue does the petition ask the Supreme Court to review?

Which mail articles are not subject to examination or inspection by Customs.

Who is the petitioner and who are the respondents?

Byungmin Chae is the petitioner; Janet Yellen and other U.S. Treasury and Homeland Security officials are named as respondents.

What legal basis is cited for the Court’s jurisdiction?

Jurisdiction is said to be conferred under 19 U.S.C. § 1641(b)(2), for review of the Federal Circuit’s judgment.

Sep 26, 2026

Uploaded by jayni