A Judge Ruled Trump’s USCIS Director Wasn’t Legally Appointed

Second link is to the Opinion and Order of the Court in the captioned case.

United States District Judge Randolph Moss found that Kenneth Cuccinelli II was never lawfully appointed as acting Director of the United States Citizenship and Immigration Service. Therefore, any acts he performed while in that role are null and void. Moss found that Cuccinelli’s appointment was not made in conformance with the Federal Vacancies Reform Act of 1998.

The specifically challenged act in this lawsuit was Cuccinelli’s order that reduced credible fear asylum seekers time to consult with others from 48 to 72 hours down to 1 calendar day from their arrival at the detention facility. The order also prohibited asylum officers from granting extensions of time to prepare their cases. As Cuccinelli’s act has been nullified, the previous policy will automatically go back into force.

It is expected that all other orders Cuccinelli gave will be summarily nullified.

This is about as cut and dried as a court case can be. Clearly the DoJ was circumventing the Federal Vacancies Reform Act of 1998 in order to get a favored person into the position of acting Director long enough to issue favored policies. The appointment was clearly unlawful and thus any actions taken by the person unlawfully appointed are facially null and void.

This was the correct and only possible outcome of this case.

If they want that policy, then they need to go and get a person confirmed by the Senate to that position.


What the Executive doeth: one judge undoeth.

But hey! Trump can launch a nuke!

Actually, the Judge was just making sure the law was followed.

A Judge does not have power, he merely follows the law as written.

And yet this unelected lawyer in a bathrobe just brought the Executive Branch to a screeching halt.

The Executive Branch brought the Executive Branch to a halt by breaking the law, specifically the Federal Vacancies Reform Act of 1998.

Follow the law and there will be no problem.


As determined by whom? One guy. Lawyer. Unelected. In a bathrobe.

He can’t launch nukes though!

Good information. Thanks.

I agree. Thanks @Safiel :wink:

One guy. Who will be reviewed by at least three guys if the administration is shameless enough to appeal it and possibly by eleven or more guys if they are shameless enough to appeal it en banc. And nine more guys if they are shameless enough to appeal this to the Supreme Court.

Lawyer. Who better to analyze and interpret the law. Now if I have a broken arm, I wouldn’t go see my attorney.

Unelected. Not sure why you are hung up on this, that is how the founders designed it. I would much rather have people judging who are not having to pander to the electorate for reelection.

Bathrobe. As the people in England who started this custom.

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Your welcome. :smile:


Is it?

Your welcome. :smile:

My Aunt Sadie. You must be joking.

Good behavior and the Federalist clearly indicated they wanted life tenure.

So The Cooch is an illegal?

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Gotta love wiki:
Kenneth Thomas Cuccinelli II is an American politician and lawyer currently unlawfully serving as acting Principal Deputy Director of the U.S. Citizenship and Immigration Services agency and Acting Deputy Secretary of Homeland Security. Wikipedia


Which Federalists?

How long till the SCOTUS overturns this Obama judge?

Not going to happen. The bathrobe is right in this case.

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President Trump wants to gets thing done.

Sometimes the law gets in the way.