Скачать или смотреть Olivares v. Transportation Security Administration Case Brief Summary | Law Case Explained

Get more case briefs explained with Quimbee. Quimbee has over 35,900 case briefs (and counting) keyed to 984 casebooks ► https://www.quimbee.com/case-briefs-o...

Olivares v. Transportation Security Administration | 819 F.3d 454 (2016)

Under the federal Administrative Procedure Act, or A P A, federal administrative agencies must definitively respond to a person’s petition for the issuance, amendment, or repeal of an agency rule. But what if an agency denies a person’s application for admission into a certification program? Must the agency definitively respond by giving grounds for denial? The United States Court of Appeals for the District of Columbia Circuit considered this question in Olivares versus Transportation Security Administration.

Alberto Olivares was a Venezuelan national and pilot who lived and worked in the United States. In two thousand seven, Olivares was convicted of conspiracy to possess with intent to distribute controlled substances. Consequently, the Federal Aviation Administration, or F A A, revoked Olivares’s pilot certification, and following his prison sentence, he was deported to Venezuela.

After being deported, Olivares applied to attend an F A A flight school in France to obtain a certification that would allow him to fly a large U S aircraft. The Transportation Security Administration, or T S A, discovered Olivares’s previous drug conviction in a background check but granted his application. Olivares then completed the program and obtained his certification.

One year later, the U S Government Accountability Office criticized the T S A’s background investigations of foreign pilots. The T S A then revised its background check procedures to determine whether an applicant presented a risk to aviation or national security.

In twenty fourteen, Olivares received another opportunity to fly a large U S aircraft. At the time, although his general F A A credentials were valid, his type rating had expired. Olivares then applied to attend the flight school again. The T S A conducted a background check and found, in addition to the drug conviction, Olivares had been suspected of firearms trafficking in Aruba. Further, it found that he maintained a residence in the United States. As a result, the T S A denied Olivares’s application via email, stating that it was denying the application because it couldn’t determine that he didn’t pose a threat to transportation or national security.

Olivares then filed a petition with the United States Court of Appeals for the D C Circuit, appealing the decision on the ground that the T S A violated the A P A by not providing a statement of the grounds for denial. After the petition was filed, the T S A filed a declaration with the court explaining the agency’s grounds for denying Olivares’s application. In the declaration, the T S A included references to internal materials such as Olivares’s background check. The court then reviewed the petition.

Want more details on this case? Get the rule of law, issues, holding and reasonings, and more case facts here: https://www.quimbee.com/cases/olivare...

The Quimbee App features over 16,300 case briefs keyed to 223 casebooks. Try it free for 7 days! https://www.quimbee.com/case-briefs-o...

Have Questions about this Case? Submit your questions and get answers from a real attorney here: https://www.quimbee.com/cases/olivare...

Did we just become best friends? Stay connected to Quimbee here: Subscribe to our YouTube Channel https://www.youtube.com/subscription_...

Quimbee Case Brief App https://www.quimbee.com/case-briefs-o...

Facebook   / quimbeedotcom  

Twitter   / quimbeedotcom  

#casebriefs #lawcases #casesummaries