The order suspends policies he issued while leading U.S. Citizenship and Immigration Services.
Because Cuccinelli's USCIS position was designated initially as "first assistant" to the USCIS director, the Trump administration reasoned that Cuccinelli could become acting chief under a provision of the 1998 Federal Vacancies Reform Act. But Moss wrote that Cuccinelli's appointment did not comply with the FVRA because "he never did and never will serve in a subordinate role that is, as an 'assistant' to any other USCIS official." Rather, Cuccinelli was "assigned the role of principal on day-one," Moss wrote. The order strikes down directives from Cuccinelli that sped up asylum-seekers' initial screenings limited extensions of those hearings, on the grounds that Cuccinelli lacked authority to issue them. When Cuccinelli was promoted to No. 2 at DHS he told the staff he would be succee...
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