whitebirdclinic.org/what-is-caho...
whitebirdclinic.org/what-is-caho...
Under 28 CFR 68.54, parties can seek administrative review of an ALJ's final decision by the CAHO. The CAHO can modify or vacate the ALJ's order or remand the case.
28 CFR 0.118 also assigns the CAHO supervision of OCAHO's ALJs.
Under 28 CFR 68.54, parties can seek administrative review of an ALJ's final decision by the CAHO. The CAHO can modify or vacate the ALJ's order or remand the case.
28 CFR 0.118 also assigns the CAHO supervision of OCAHO's ALJs.
Since the CAHO exercises significant adjudicatory and supervisory authority, the CAHO is an inferior officer under the Appointments Clause.
And the Deputy would be too when exercising those powers.
Since the CAHO exercises significant adjudicatory and supervisory authority, the CAHO is an inferior officer under the Appointments Clause.
And the Deputy would be too when exercising those powers.
On 1/23/25, EOIR Acting Director Sirce Owen sent McHenry, who was now in the role of Acting Attorney General, an urgent action memo asking him to appoint Vayo as DEPUTY CAHO.
Not CAHO. Not Acting CAHO. Deputy CAHO.
www.dropbox.com/scl/fi/w2h13...
On 1/23/25, EOIR Acting Director Sirce Owen sent McHenry, who was now in the role of Acting Attorney General, an urgent action memo asking him to appoint Vayo as DEPUTY CAHO.
Not CAHO. Not Acting CAHO. Deputy CAHO.
www.dropbox.com/scl/fi/w2h13...
The regs repeatedly assign specific powers to "the Chief Administrative Hearing Officer."
The regs repeatedly assign specific powers to "the Chief Administrative Hearing Officer."
www.youtube.com/watch?v=cAHO...
#co-op #horror #left4dead
www.youtube.com/watch?v=cAHO...
#co-op #horror #left4dead
A thread, because the documents are kind of wild. 🧵
A thread, because the documents are kind of wild. 🧵
James McHenry remains the CAHO.
He has been "on detail outside of OCAHO" since January 2025.
DOJ's FOIA production does not identify an Acting CAHO.
Elizabeth Vayo remains Deputy CAHO.
Yet Vayo is exercising the CAHO's adjudicatory powers.
James McHenry remains the CAHO.
He has been "on detail outside of OCAHO" since January 2025.
DOJ's FOIA production does not identify an Acting CAHO.
Elizabeth Vayo remains Deputy CAHO.
Yet Vayo is exercising the CAHO's adjudicatory powers.
"As the CAHO remains detailed outside of the OCAHO, the Deputy CAHO is currently performing the duties of the CAHO, including the CAHO's adjudicatory duties and authority under 28 C.F.R. § 68.54."
She then VACATED the ALJ's final order and remanded the case.
"As the CAHO remains detailed outside of the OCAHO, the Deputy CAHO is currently performing the duties of the CAHO, including the CAHO's adjudicatory duties and authority under 28 C.F.R. § 68.54."
She then VACATED the ALJ's final order and remanded the case.
28 CFR 68.30(e), for example, expressly provides that when the CAHO is disqualified or recuses from administrative review, the *EOIR Director* exercises authority identical to the CAHO's.
Not the Deputy CAHO.
28 CFR 68.30(e), for example, expressly provides that when the CAHO is disqualified or recuses from administrative review, the *EOIR Director* exercises authority identical to the CAHO's.
Not the Deputy CAHO.
I did not receive an order appointing Vayo Acting CAHO.
I did not receive an order appointing Vayo Acting CAHO.
It says Vayo was actually selected as Deputy CAHO back in January 2023. It says OCAHO and DOJ's Office of Legal Counsel recommended that the AG formally appoint her because she would be exercising inferior-officer powers when substituting for the CAHO
It says Vayo was actually selected as Deputy CAHO back in January 2023. It says OCAHO and DOJ's Office of Legal Counsel recommended that the AG formally appoint her because she would be exercising inferior-officer powers when substituting for the CAHO
In US v. Zarco Hotels, a party invoked its right under 28 CFR 68.54 to seek administrative review of an ALJ's final order. By regulation, that must be decided by the CAHO. McHenry, who is "on detail."
Who decided it? Elizabeth Vayo.
As Deputy CAHO.
In US v. Zarco Hotels, a party invoked its right under 28 CFR 68.54 to seek administrative review of an ALJ's final order. By regulation, that must be decided by the CAHO. McHenry, who is "on detail."
Who decided it? Elizabeth Vayo.
As Deputy CAHO.
Where has McHenry been for the last 19 months? What is he doing? Why has the actual CAHO remained away from the agency for this long?
And what legal authority permits the Deputy CAHO to exercise all of his adjudicatory powers indefinitely?
Where has McHenry been for the last 19 months? What is he doing? Why has the actual CAHO remained away from the agency for this long?
And what legal authority permits the Deputy CAHO to exercise all of his adjudicatory powers indefinitely?
The regulations put OCAHO under a Chief Administrative Hearing Officer, the CAHO.
The regulations put OCAHO under a Chief Administrative Hearing Officer, the CAHO.
For the proposition that a Deputy CAHO can exercise the CAHO's adjudicatory powers whenever the CAHO is unavailable, Zarco doesn't cite a regulation granting the Deputy that authority.
It cites OCAHO's own prior decisions saying the Deputy can do it.
For the proposition that a Deputy CAHO can exercise the CAHO's adjudicatory powers whenever the CAHO is unavailable, Zarco doesn't cite a regulation granting the Deputy that authority.
It cites OCAHO's own prior decisions saying the Deputy can do it.