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BONIFACE v. U.S. DEPT. OF HOMELAND SEC.

No. 09-1095.

613 F.3d 282 (2010)

Lewis L. BONIFACE, Petitioner v. UNITED STATES DEPARTMENT OF HOMELAND SECURITY and Transportation Security Administration, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided July 23, 2010.

Attorney(s) appearing for the Case

Meghan Ferguson, Student Counsel, argued the cause as amicus curiae in support of petitioner. With her on the briefs were Sean E. Andrussier and James E. Coleman, Jr., appointed by the court, and Samuel E. Burness, Kristin Collins Cope, and Lisa S. Hoppenjans, Student Counsel.

Lewis L. Boniface, pro se, filed briefs.

Benjamin M. Shultz, Attorney, U.S. Department of Justice, argued the cause for respondents. With him on the brief was Michael S. Raab, Attorney.

Concurring opinion filed by Circuit Judge GINSBURG.

GINSBURG, Circuit Judge:

Lewis Boniface petitions for review of a 2009 order of the Transportation Security Administration, an agency within the Department of Homeland Security, denying his request for waiver of a rule barring him from receiving a hazardous materials endorsement (HME) for his commercial driver's license because of his 1975 conviction for possession of an unregistered explosive device. We grant the petition and remand the matter to the agency to reconsider...

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