Norman Randy Smith
How Judge Smith rules, drawn from 50 signed orders. Every observation links to the order it came from.
About Judge Smith
Norman Randy Smith is a judge of the United States Court of Appeals for the Ninth Circuit. Appointed by President George W. Bush, Judge Smith received a commission on March 19, 2007. Judge Smith assumed senior status on August 11, 2018.
Judge Smith's practices and standing orders
The court's website lists no individual practices or standing orders of Judge Smith'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 Smith decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In United States v. Leal-Felix, he held that a traffic citation was not a formal arrest for criminal-history scoring.
“we interpret the term ‘arrest’ to require that the individual be formally arrested”
In Estate of Barabin v. AstenJohnson, he ordered a new trial because the district court admitted experts without first making the required relevance and reliability findings.
“The district court failed to make findings of relevancy and reliability before admitting into evidence the expert testimony of Mr. Cohen and Dr. Millette”
In Crain Walnut, the court held that rebuttal of a securities class action’s presumptive lead plaintiff requires a preponderance of the evidence, while denying mandamus because the district court also applied that standard on reconsideration and did not clearly err.
“We hold that the preponderance of the evidence standard applies to a rebuttal of the presumption of adequacy under the PSLRA.”
Procedural preferences
In Collins v. Gee West Seattle, he left the fact-bound reason for employees’ departures to the district court on remand.
“Determining an employee’s reason for departing is a factual inquiry better suited for district courts.”
In Alvarez v. Tracy, he declined to exercise jurisdiction over unexhausted Indian Civil Rights Act habeas claims after finding no exception to exhaustion.
“We, therefore, decline to assume jurisdiction over Alvarez’s claims.”
In a separate concurrence in Red Eagle Law, Smith concluded that an immigration law firm lacked Article III standing to challenge a suspended visa lottery. The panel granted an emergency stay on a different threshold ground.
“Red Eagle Law also lacks Article III standing to challenge the government’s failure to implement the 2027 DV Program.”
Cautions
In Garcia de Rincon v. DHS, he acknowledged hardship but held the statute barred review of the expedited removal order’s merits.
“Although we are sympathetic to the hardships resulting from de Rincon’s subsequent removal from this country, § 1252(e) does not allow us to indulge those sympathies.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“We lack jurisdiction over her consolidated appeal and, accordingly, must dismiss.”
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