Corbett v. Transportation Security Admin., No. 12-15893 (11th Cir. 2014)Annotate this Case
Petitioner filed a petition challenging airport screening procedures two years after the TSA deployed the screening procedures in airports nationwide. The court concluded that the Supreme Court's decision in Henderson v. Shinseki and another en banc decision by the Court make clear that the 60-day deadline for filing a petition in the court of appeals under 49 U.S.C. 46110(a) is not "jurisdictional," but is instead a claim-processing rule. In this case, even though petitioner's delay in filing his petition does not defeat the court's jurisdiction, his petition is nevertheless untimely because no reasonable ground excused his delay in filing. Therefore, the court dismissed the petition as untimely and, in the alternative, denied the petition on the merits where the screening procedures require only a reasonable administrative search that does not violate the Fourth Amendment. Further, the court granted a motion to seal filed by the Administration.