Eric David Miller
How Judge Miller rules, drawn from 57 signed orders. Every observation links to the order it came from.
About Judge Miller
Eric David Miller is a judge of the United States Court of Appeals for the Ninth Circuit. Appointed by President Donald J. Trump, Judge Miller received a commission on March 4, 2019.
Judge Miller's practices and standing orders
The court's website lists no individual practices or standing orders of Judge Miller's own (checked October 11, 2026), so the court's local rules and general orders are the place to look (court page ↗).
Standing orders for every case in this court
Orders the court applies to all of its cases, whichever judge has them, as published on the court's website (checked October 11, 2026).
How Judge Miller decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
Cautions
In his separate concurrence in Snow, Miller agreed that the evidence of pretext warranted a trial on the refusal-to-deal claim. He disagreed with the panel’s broader balancing rule and concurred only in the judgment.
“I therefore agree with today’s decision that the district court erred in granting summary judgment to Align on the section 2 refusal-to-deal claim and that the case should be remanded for trial. But because I do not agree with today’s expansion of the legal standard for refusal-to-deal claims, I concur only in the judgment.”
In Center for Food Safety, Miller concurred that the agency had violated procedural duties but dissented from a remand that left the agency order in place. He would have vacated it.
“I would instead vacate the order under review.”
In Kaur, Miller dissented because he concluded that the asylum record did not establish government inability or unwillingness to control private violence. His reasoning did not command the panel.
“No matter how severe it may be, purely private violence does not constitute persecution unless the government is unable or unwilling to control it.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“AFFIRMED in part, VACATED in part, and REMANDED.”
“Because the Board's reasoning does not account for Akosung's credible testimony and otherwise rests on errors of law, we grant the petition for review and remand for further proceedings. ... PETITION GRANTED and REMANDED.”
“We agree with the district court that the state-court litigation is a quasi-criminal enforcement proceeding and that Younger bars a federal court from interfering with such a proceeding. We therefore affirm. ... AFFIRMED.”
“We reverse the denial of the suppression motion, vacate Ngumezi’s conviction, and remand for further proceedings. ... REVERSED, VACATED, AND REMANDED.”
“We respectfully certify the following question to the Oregon Supreme Court under Oregon Revised Statutes § 28.200:”
“We therefore vacate the preliminary injunction and remand to the district court with instructions to dismiss the complaint for lack of jurisdiction.”
“We are aware of no authority treating a procedure similar to Montana’s as a form of direct review that restarts the statute of limitations under section 2244(d). AFFIRMED.”
“Because the agreement was not executed under an ‘applicable law’ and does not purport to authorize a ‘transportation system,’ it is not subject to Title XI’s requirements. REVERSED and REMANDED.”
“Because Marquez-Reyes's constitutional challenges lack merit and the agency did not abuse its discretion, we deny the petition. ... PETITION DENIED.”
“But because the record does not show that Lemos's section 1983 action necessarily rests on the same event as her criminal conviction, success in the former would not necessarily imply the invalidity of the latter. We therefore reverse and remand for further proceedings.”
“We conclude that the agency did not commit legal error in determining that Hernandez's state-court conviction was for a particularly serious crime, making him ineligible for asylum or withholding of removal. And substantial evidence supports the agency's determination that he is not entitled to CAT relief. We deny the petition for review. ... PETITION DENIED.”
“The Board's action was consistent with the traditional rule governing cross-appeals, which the Board has applied in its proceedings. We deny the petition for review.”
Draft for Judge Miller with the record in hand
Ezel grounds your drafting and research in this profile: what has persuaded Judge Miller, and what has not, cited to the signed orders.
Opens in Ezel Pro.
- Grounded in Judge Miller's own signed orders
- Cites every source it relies on, so you can verify it
- Chat, drafting and research in one workspace