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Ken Cuccinelli to appeal judge's ruling his immigration post appointment is unlawful

Ken Cuccinelli to appeal judge's ruling his immigration post appointment is unlawful
Acting director of U.S. Citizenship and Immigration Ken Cuccinelli said Monday he will appeal a federal judge's ruling a day earlier that his appointment to the post was unlawful. File Photo by Mike Theiler/UPI | License Photo

March 2 (UPI) -- Ken Cuccinelli, who leads a top agency responsible for U.S. immigration requests, said Monday he would appeal a federal judge's ruling that he was unlawfully appointed to the post.

U.S. District Judge Randolph Moss ruled Sunday that Cuccinelli was not lawfully appointed in June as acting director of U.S. Citizenship and Immigration Services.

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Moss said the principal deputy role he assumed before taking the role was not the "first assistant" role listed under the Federal Vacancies Reform Act.

"This ruling is really something of an outlier," Cuccinelli said Monday. "You can expect an appeal, and we'll take intermediate steps to avoid any challenges, but it doesn't affect anything we're doing going forward."

Cuccinelli had issued directives under his tenure to reduce the time asylum-seekers in "credible fear" proceedings have to access legal counsel, and Moss said in his ruling those directives should also be nullified.

Cuccinelli also told Fox News those policies would be "effectively reissued and validated" as a "precautionary measure" while the appeal goes forward.

"It'll be business as usual until this is played all the way out," he said.

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