Ryan D. Nelson

How Judge Nelson rules, drawn from 49 signed orders. Every observation links to the order it came from.

Court
United States Court of Appeals for the Ninth Circuit
Position
circuit
Appointed by
Donald J. Trump (Republican)
Commissioned
2018-10-18
Education
Brigham Young University (B.A., English literature, 1996); Brigham Young University, J. Reuben Clark Law School (J.D., with honors, Order of the Coif, 1999)
Signed orders read
49

How Judge Nelson decides

Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.

What persuades

He begins statutory interpretation with contemporaneous ordinary meaning and reinforces it by reading related uses of the same word consistently across the statute.

“These dictionary definitions show that the ordinary meaning of ‘scheduled’ was to include something on a literal schedule.”

In free-exercise cases, he treats a favored secular comparator as defeating general applicability when religious objectors are denied an equivalent accommodation.

“If the secular category of ‘firefighters from neighboring departments’ is exempt from Spokane’s policy, then the Free Exercise Clause mandates that religious objectors be granted equivalent accommodation.”

He does not treat a statute's statement of purpose as an independent grant of executive power and looks instead for authority in the operative provisions Congress enacted.

“For these reasons, we conclude that § 101 is not a source of the President’s authority. We must find that authority, if it exists, in other operative sections of the FPASA.”

Procedural preferences

He treats a superseded complaint as a legal nullity and will dismiss an interlocutory appeal as moot rather than rely on efficiency to reach a nonoperative pleading.

“But the complaint challenged on appeal is a legal nullity even if much like the operative complaint. Efficiency is no basis to provide appellate jurisdiction over an appeal that is moot.”

For inventory searches, he focuses on whether police lawfully separated the property from its owner and retained custody, not on whether the owner was ultimately taken to jail.

“Here, the lawfulness of the initial separation of Sapalasan from his backpack is unchallenged, so the justification of an inventory search does not depend on whether he was headed to jail.”

In bankruptcy appeals, he defines finality by the complete adversary proceeding rather than a single legal issue and avoids immediate review when a factfinding remand could produce a second appeal.

“Any order can finally resolve a proceeding if the proceeding is sliced thin enough. Cabardo Appellants attempt to slice the proceeding down to a single legal issue. That goes too far.”

Signed rulings

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

City of San Juan Capistrano v. California Public Utilities Commission
17-56693 · 2019-09-11
Appeal (appellant (plaintiff City of San Juan Capistrano)) Denied

“The district court properly dismissed the City's claims because the City lacks standing and the claims are barred by the Eleventh Amendment. AFFIRMED.”

V.V.V. & Sons Edible Oils Ltd. v. Meenakshi Overseas, LLC
18-16071 · 2019-12-27
Appeal (appellant (plaintiff V.V.V. & Sons Edible Oils Ltd.)) Granted in part

“AFFIRMED in part REVERSED in part.”

Shaw v. Bank of America Corp.
17-56706 · 2019-12-27
Appeal (appellant (plaintiff Norman Shaw, pro se)) Denied

“AFFIRMED.”

Calvary Chapel Bible Fellowship v. County of Riverside
17-56857 · 2020-02-04
Appeal (appellant (plaintiff Calvary Chapel Bible Fellowship)) Denied

“AFFIRMED.”

Brady v. AutoZone Stores, Inc.
19-35122 · 2020-06-03
Appeal (appellant (plaintiff and putative class representative Michael Brady)) Moot / procedural

“This appeal is DISMISSED as moot.”

United States v. Shehadeh
18-10399 · 2020-06-18
Appeal (appellant (defendant Jamal Shehadeh)) Denied

“The judgment of the district court is AFFIRMED.”

Diaz-Torres v. Barr
18-70141 · 2020-06-29
Petition for review (petitioner (Miguel Diaz-Torres)) Denied

“Because Mr. Diaz-Torres has not met his burden of demonstrating that he is a member of a particular social group, the petition for review is DENIED.”

Villegas Sanchez v. Garland
16-73745 · 2021-03-11
Petition for review (petitioner (Francisca Villegas Sanchez)) Denied

“PETITION FOR REVIEW DENIED.”

Schoenberg v. Federal Bureau of Investigation
20-55607 · 2021-06-30
Appeal (appellant (plaintiff E. Randol Schoenberg)) Denied

“AFFIRMED.”

Stevens v. Whitmore (In re Stevens)
20-60044 · 2021-10-19
Appeal (appellants (debtors Jasper and Brenda Stevens)) Denied

“AFFIRMED.”

Herrera v. Los Angeles Unified School District
20-55054 · 2021-12-01
Appeal (appellants (plaintiffs Claudia Herrera and Cesar Ortiz)) Denied

“AFFIRMED.”

Ahlman v. Barnes
20-55568 · 2021-12-10
Appeal (appellants (defendants County of Orange and Sheriff Don Barnes)) Moot / procedural

“DISMISSED AS MOOT.”

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