Immigration Judges’ Appointment, Removal Procedures Are Valid

The process by which immigration judges and members of the Board of Immigration Appeals are appointed and removed complies with Article II of the US Constitution, the Ninth Circuit said.

The judges and board members are US officers under the appointments clause but they are “inferior” officers, the opinion by Judge Kenneth Kiyul Lee said. As such, they may be appointed and removed by the attorney general, Lee said, rejecting Fortunato de Jesus Amador Duenas’ argument that the process is unconstitutional.

When distinguishing between principal officers—who must be appointed by the president and approved by the Senate—and inferior officers, the ...