Mace

In this case we are called upon to determine whether a district court can exercise federal question jurisdiction over a Bivens-type action that challenges conduct arising out of an administrative agency decision, when the relevant statute appears to vest jurisdiction exclusively in the appellate courts. The district court concluded that it lacked subject matter jurisdiction over the action and dismissed the complaint. For the reasons which follow, we vacate the dismissal order and remand for further proceedings.

FACTS AND PRIOR PROCEEDINGS

George D. Mace, Jr. (“Mace”) held an aircraft mechanic’s certificate, known in the industry as an A & P license, and an Inspection Authorization (jointly, “certificate”) issued by the Federal Aviation Administration (“FAA”). This certificate entitled Mace to inspect, repair, and certify as airworthy certain small, general purpose aircraft. On July 9, 1990, the FAA issued an emergency order revoking Mace’s certificate as the result of alleged violations of FAA safety regulations stemming from Mace’s purported failure to properly inspect and repair airplanes.

Mace challenged this revocation order some two weeks later by appearing before an…