Eric David Miller

United States Court of Appeals for the Ninth Circuit circuit Appointed by Donald J. Trump (Republican) 25 signed orders read

Signed rulings

A grounded sample of orders signed by this judge, with the verbatim dispositive language.

United States v. Ped
18-50179 · 2019-11-15
Appeal (appellant (defendant Anthony Lee Ped)) Granted in part

“AFFIRMED in part, VACATED in part, and REMANDED.”

Akosung v. Barr
17-72829 · 2020-08-14
Petition for review (petitioner (Yvette Ngmenang Akosung)) Granted

“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.”

Bristol-Myers Squibb Co. v. Connors
20-15515 · 2020-10-29
Appeal (appellants (Bristol-Myers Squibb and Sanofi entities)) Denied

“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.”

United States v. Ngumezi
19-10243 · 2020-11-20
Appeal (appellant (defendant Malik Ngumezi)) Granted

“We reverse the denial of the suppression motion, vacate Ngumezi’s conviction, and remand for further proceedings. ... REVERSED, VACATED, AND REMANDED.”

Abraham v. Corizon Health, Inc.
19-36077 · 2021-01-28
Appeal (Plaintiff-Appellant Andrew Abraham (deaf, diabetic former jail detainee bringing a disability-discrimination class claim)) Moot / procedural

“We respectfully certify the following question to the Oregon Supreme Court under Oregon Revised Statutes Sec. 28.200: Is a private contractor providing healthcare services at a county jail a "place of public accommodation" within the meaning of Oregon Revised Statutes Sec. 659A.400 and subject to liability under Sec. 659A.142?”

Odell v. U.S. Department of Health & Human Services
19-15262 · 2021-04-27
Appeal (Defendants-Appellants U.S. Department of Health & Human Services and its Secretary) Granted

“We therefore vacate the preliminary injunction and remand to the district court with instructions to dismiss the complaint for lack of jurisdiction.”

Branham v. State of Montana
19-35829 · 2021-05-06
Appeal (appellant (petitioner Charles Ivan Branham, Montana state prisoner)) Denied

“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.”

Friends of Alaska National Wildlife Refuges v. Haaland
20-35721, 20-35727, 20-35728 · 2022-03-16
Appeal (Defendants-Appellants Secretary of the Interior / U.S. Department of the Interior / Fish and Wildlife Service, joined by Intervenor-Appellants King Cove Corporation and the State of Alaska) Granted

“The panel reversed the district court's judgment, which set aside a land-exchange agreement between the Secretary of the Interior and King Cove Corporation, an Alaska Native village corporation, and remanded.”

Marquez-Reyes v. Garland
17-71367 · 2022-06-14
Petition for review (petitioner (J. Guadalupe Marquez-Reyes)) Denied

“Because Marquez-Reyes's constitutional challenges lack merit and the agency did not abuse its discretion, we deny the petition. ... PETITION DENIED.”

Lemos v. County of Sonoma (en banc)
19-15222 · 2022-07-19
Appeal (Plaintiff-Appellant Gabrielle Lemos (Section 1983 excessive-force claimant)) Granted

“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.”

Giovanny Hernandez v. Garland
20-72138 · 2022-10-31
Petition for review (petitioner (Giovanny Hernandez)) Denied

“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.”

Lopez Hernandez v. Garland
20-71956 · 2023-02-16
Petition for review (petitioner (Jorge Reynaldo Lopez Hernandez)) 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.”

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