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MENKES v. DEPARTMENT OF HOMELAND SEC.

No. 05-5382.

486 F.3d 1307 (2007)

Richard J. MENKES, Appellant v. DEPARTMENT OF HOMELAND SECURITY, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided May 15, 2007.

Attorney(s) appearing for the Case

Jonathan G. Axelrod argued the cause for appellant. On the briefs were Edward M. Gleason, Jr. and Richard W. Gibson.

Megan L. Rose, Assistant U.S. Attorney, argued the cause for appellees. With her on the brief were Jeffrey A. Taylor, U.S. Attorney, and R. Craig Lawrence, Assistant U.S. Attorney. Michael J. Ryan, Assistant U.S. Attorney, entered an appearance.

Before: SENTELLE and BROWN, Circuit Judges, and SILBERMAN, Senior Circuit Judge.

Opinion for the Court filed by Senior Circuit Judge SILBERMAN.

SILBERMAN, Senior Circuit Judge.

Richard J. Menkes, a ship pilot who sued the Coast Guard, appeals from the district court's decision holding that the court lacked jurisdiction over his APA claim and that his constitutional claims failed to state a cause of action. We reverse and direct a remand to the agency.

I

Appellant is a licensed pilot registered by the Coast Guard under...

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