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On March 1, 2020, Judge Randolph D. Moss of the United States District Court for the District of Columbia handed down his ruling on L.M.-M. v. Cuccinelli. The case considered whether the appointment of Ken Cuccinelli to acting director of the U.S. Citizenship and Immigration Services violated the Federal Vacancies Reform Act of 1998 (FVRA). In a 55-page opinion, Judge Moss concluded Cuccinelli's appointment wasn't compliant with the FVRA. Due to this finding, two directives issued by Cuccinelli, and any resulting removal orders, were set aside for the five asylum seekers involved in the case. Moss wrote: “ Until a legally sufficient interview occurs, the individual Plaintiffs are not subject to expedited removal. The Court will, accordingly, vacate their negative credible-fear determinations (and any removal orders that are premised on those determinations) and will remand their cases to USCIS for further proceedings consistent with this decision. ” —Randolph D. Moss (2020)
