 
Circuit Judge
9th U.S. Circuit Court of Appeals
Oregon - Portland
   
Assistant attorney general, Legal Division, New Mexico Bureau of Revenue, 1972-74; private practice, Santa Fe, New Mexico, 1974-75; private practice, Cincinnati, Ohio, 1975-78; private practice, Portland, Oregon, 1978-88; presiding judge, Oregon Court of Appeals, Department 3, 1988-90; associate justice, Supreme Court of Oregon, 1990-98; appointed July 1997, confirmed March 1998
Yale Law School, J.D., 1972
Judicial Profiles
| Title | Court | Published | 
|---|---|---|
| Susan Graber | 9th U.S. Circuit Court of Appeals (Portland, Ore.) | Nov. 17, 2010 | 
Rulings
| Case | Category | Published | 
|---|---|---|
| State of Oregon v. Trump dissenting | Constitutional Law | Oct. 21, 2025 | 
| U.S. v. Tainewasher dissenting | Criminal Law and Procedure | Oct. 10, 2025 | 
| Rajabian v. Mercedes-Benz USA author | Civil Procedure | Sep. 17, 2025 | 
| U.S. v. Barry concurring | Criminal Law and Procedure | Jun. 17, 2025 | 
| Lemus-Escobar v. Bondi author | Immigration | Jun. 16, 2025 | 
| Estate of Soakai v. Abdelaziz author | Qualified Immunity | May 16, 2025 | 
| Parker v. BNSF Railway Co. author | Employment Law | May 15, 2025 | 
| Newman v. Underhill author | Criminal Law and Procedure | Apr. 23, 2025 | 
| Duncan v. Bonta author | Constitutional Law | Mar. 20, 2025 | 
| Cedar Park Assembly of God v. Kreidler author | Civil Procedure | Feb. 27, 2025 | 
| Greer v. County of San Diego concurring | Attorneys | Feb. 10, 2025 | 
| Johnson v. High Desert State Prison dissenting | Prisoners' Rights | Jan. 27, 2025 | 
| Singh v. City of Phoenix author | Qualified Immunity | Dec. 26, 2024 | 
| Wolford v. Lopez author | Constitutional Law | Sep. 6, 2024 | 
| Parker v. BNSF Railway Company dissenting | Employment Law | Aug. 9, 2024 | 
| Ratha v. Rubicon Resources LLC dissenting | Civil Procedure | Jul. 31, 2024 | 
| U.S. v. Medina-Luna author | Criminal Law and Procedure | Apr. 12, 2024 | 
| U.S. v. Motley concurring | Evidence | Dec. 29, 2023 | 
| U.S. v. Sproat author | Criminal Law and Procedure | Dec. 28, 2023 | 
| Tellez-Ramirez v. Garland author | Immigration | Nov. 29, 2023 | 
| Glanden v. Kijakazi dissenting | Administrative Agencies | Nov. 16, 2023 | 
| Amended Opinion: No on E v. David Chiu author | Constitutional Law | Oct. 26, 2023 | 
| Dorsey v. U.S. author | Criminal Law and Procedure | Aug. 11, 2023 | 
| Herbal Brands, Inc. v. Photoplaza, Inc. author | Civil Procedure | Jul. 5, 2023 | 
| Leach v. Kijakazi author | Administrative Agencies | Jun. 15, 2023 | 
| Grabowski v. Arizona Board of Regents author | Education | Jun. 13, 2023 | 
| Kelsey v. Garrett dissenting | Criminal Law and Procedure | May 24, 2023 | 
| Jackson v. Amazon.com, Inc. dissenting | Arbitration | Apr. 19, 2023 | 
| Forrest v. Spizzirri concurring | Arbitration | Mar. 16, 2023 | 
| No on E v. David Chiu author | Constitutional Law | Mar. 8, 2023 | 
| National Labor Relations Board v. Aakash, Inc. author | Labor Law | Jan. 27, 2023 | 
| U.S. v. Fisher concurring | Criminal Law and Procedure | Dec. 21, 2022 | 
| Waln v. Dysart School District author | Constitutional Law | Dec. 9, 2022 | 
| Galvez v. Jaddou dissenting | Immigration | Nov. 3, 2022 | 
| Green v. Miss United States of America LLC dissenting | Constitutional Law | Nov. 2, 2022 | 
| In re: Jane Doe author | Criminal Law and Procedure | Oct. 25, 2022 | 
| Mendoza-Linares v. Garland dissenting | Immigration | Oct. 24, 2022 | 
| Lara-Garcia v. Garland author | Immigration | Sep. 26, 2022 | 
| Lopez v. Allen dissenting | Criminal Law and Procedure | Sep. 2, 2022 | 
| Smagin v. Yegiazaryan author | Civil Procedure | Jun. 10, 2022 | 
| Fon v. Garland concurring | Immigration | May 19, 2022 | 
| Kaufmann v. Kijakazi author | Constitutional Law | Apr. 28, 2022 | 
| Jessup v. Shinn author | Criminal Law and Procedure | Apr. 22, 2022 | 
| U.S. v. House concurring | Criminal Law and Procedure | Apr. 18, 2022 | 
| Arizona Democratic Party v. Hobbs author | Constitutional Law | Dec. 9, 2021 | 
| Duncan v. Bonta concurring | Constitutional Law | Dec. 2, 2021 | 
| Amended Opinion: Steinle v. U.S. author | Torts | Nov. 9, 2021 | 
| U.S. v. Tan author | Government | Nov. 2, 2021 | 
| U.S. v. Tat author | Criminal Law and Procedure | Oct. 22, 2021 | 
| Rivas-Villegas v. Cortesluna reversed | Civil Rights | Oct. 19, 2021 | 
| Nolasco-Amaya v. Garland author | Immigration | Sep. 29, 2021 | 
| Steinle v. U.S. author | Torts | Aug. 25, 2021 | 
| Marinelarena v. Garland author | Immigration | Jul. 27, 2021 | 
| United States v. Warren author | Criminal Law and Procedure | Jul. 23, 2021 | 
| Trout Unlimited v. Pirzadeh author | Administrative Agencies | Jun. 18, 2021 | 
| U.S. v. Harris dissenting | Criminal Law and Procedure | Jun. 10, 2021 | 
| Rodriguez Tornes v. Garland author | Immigration | Apr. 6, 2021 | 
| U.S. Bank v. White Horse Estates Homeowners Associates author | Real Property | Feb. 9, 2021 | 
| Tovar v. Zuchowski author | Immigration | Dec. 4, 2020 | 
| Davita Inc. v. Amy's Kitchen Inc. author | Health Care | Nov. 27, 2020 | 
| Davita Inc. v. Virginia Mason Memorial Hospital author | Health Care | Nov. 27, 2020 | 
| Cortesluna v. Leon author | Civil Rights | Oct. 28, 2020 | 
| Aliyev v. Barr author | Immigration | Aug. 25, 2020 | 
| American Wild Horse Campaign v. Bernhardt author | Environmental Law | Jul. 6, 2020 | 
| Staten v. Davis author | Criminal Law and Procedure | Jun. 19, 2020 | 
| Roy v. Barr author | Immigration | Jun. 5, 2020 | 
| Lepe Moran v. Barr author | Immigration | Jun. 3, 2020 | 
| Bark v. United States Forest Service concurring | Environmental Law | May 5, 2020 | 
| Mai v. U.S. author | Constitutional Law | Mar. 12, 2020 | 
| Scalia v. Employer Solutions Staffing Group LLC author | Labor Law | Mar. 3, 2020 | 
| Lopez-Aguilar v. Barr concurring | Immigration | Jan. 29, 2020 | 
| Conde Quevedo v. Barr author | Immigration | Jan. 27, 2020 | 
| Amended Opinion: Lima v. Educational Credit Management Corp. author | statutory_interpretation | Jan. 14, 2020 | 
| Bahra v. City of San Bernardino author | Labor Law | Dec. 31, 2019 | 
| Lima v. Educational Credit Management Corp. author | statutory_interpretation | Dec. 19, 2019 | 
| Amended Opinion: Salazar v. McDonald's Corp. author | Employment Law | Dec. 12, 2019 | 
| Qiu v. Barr author | Immigration | Dec. 12, 2019 | 
| Makekau v. State of Hawaii author | Civil Rights | Nov. 27, 2019 | 
| Fares v. Barr author | Immigration | Nov. 26, 2019 | 
| Salazar v. McDonald's Corp. author | Employment Law | Oct. 2, 2019 | 
| U.S. v. Becerra dissenting | Criminal Law and Procedure | Sep. 24, 2019 | 
| Cruz Pleitez v. Barr author | Immigration | Sep. 19, 2019 | 
| Amended Opinion: U.S. v. Benamor author | Criminal Law and Procedure | Sep. 6, 2019 | 
| U.S. v. Waggy author | Criminal Law and Procedure | Sep. 6, 2019 | 
| Pleitez-Lopez v. Barr author | Immigration | Aug. 26, 2019 | 
| West v. City of Caldwell author | Criminal Law and Procedure | Jul. 26, 2019 | 
| Amended Opinion: Aguirre Barbosa v. Barr author | Immigration | Jun. 7, 2019 | 
| U.S. v. Benamor author | Criminal Law and Procedure | Jun. 7, 2019 | 
| Oregon Natural Desert Association v. Rose author | Environmental Law | Apr. 26, 2019 | 
| Aguirre Barbosa v. Barr author | Immigration | Mar. 29, 2019 | 
| Miller v. Inslee concurring | Constitutional Law | Feb. 27, 2019 | 
| American Beverage Association v. City and County of San Francisco author | Constitutional Law | Feb. 1, 2019 | 
| Taylor v. County of Pima author | Civil Rights | Jan. 18, 2019 | 
| U.S. v. Valencia-Mendoza author | Criminal Law and Procedure | Jan. 11, 2019 | 
| Dachauer v. NBTY Inc. author | Consumer Law | Jan. 11, 2019 | 
| U.S. v. Valdez author | Criminal Law and Procedure | Dec. 24, 2018 | 
| U.S. v. Tydingco author | Criminal Law and Procedure | Nov. 28, 2018 | 
| Amended Opinion: U.S. ex rel. Rose v. Stephens Institute author | Government | Nov. 27, 2018 | 
| Amended Opinion: Martinez-De Ryan v. Whitaker author | Immigration | Nov. 19, 2018 | 
| Melgoza Guerrero v. Whitaker author | Immigration | Nov. 12, 2018 | 
| Amended Opinion: U.S. v. Holden author | Criminal Law and Procedure | Oct. 31, 2018 | 
| U.S. v. Sellers dissenting | Criminal Law and Procedure | Oct. 16, 2018 | 
| AFDI v. King County author | Constitutional Law | Sep. 28, 2018 | 
| U.S. ex rel. Rose v. Stephens Institute author | Government | Aug. 27, 2018 | 
| U.S. v. Holden author | Criminal Law and Procedure | Jul. 27, 2018 | 
| Martinez-De Ryan v. Sessions author | Constitutional Law | Jul. 18, 2018 | 
| U.S. v. Hohag author | Criminal Law and Procedure | Jun. 29, 2018 | 
| Vogel v. Harbor Plaza Center author | Civil Procedure | Jun. 26, 2018 | 
| California Dept. of Toxic Substances Control v. Westside Delivery author | Environmental Law | Apr. 30, 2018 | 
| Fober v. Management and Technology Consultants LLC author | Consumer Law | Mar. 30, 2018 | 
| U.S. v. Paixao author | Criminal Law and Procedure | Mar. 23, 2018 | 
| Duggan v. Department of Defense author | Employment Law | Feb. 27, 2018 | 
| Johnen v. MSPB author | Employment Law | Feb. 27, 2018 | 
| Solorio-Ruiz v. Sessions author | Immigration | Jan. 30, 2018 | 
| Gebhardt v. Duke author | Immigration | Jan. 10, 2018 | 
| Cooper v. Commissioner of Internal Revenue author | Tax | Dec. 18, 2017 | 
| Eichenberger v. ESPN Inc. author | Civil Procedure | Nov. 30, 2017 | 
| County of Amador v. United States Dept. of the Interior author | Native American Affairs | Oct. 9, 2017 | 
| U.S. v. Geozos author | Criminal Law and Procedure | Aug. 30, 2017 | 
| Marinelarena v. Sessions author | Immigration | Aug. 24, 2017 | 
| Contest Promotions LLC v. City and County of San Francisco author | Civil Rights | Aug. 17, 2017 | 
| Mendoza v. Nordstrom author | Labor Law | Aug. 4, 2017 | 
| Karczewski v. DCH Mission Valley LLC author | Disability Discrimination | Jul. 11, 2017 | 
| Title | Court | Published | 
|---|---|---|
| Susan Graber | 9th U.S. Circuit Court of Appeals (Portland, Ore.) | Nov. 17, 2010 | 
| Case | Category | Published | 
|---|---|---|
| State of Oregon v. Trump dissenting | Constitutional Law | Oct. 21, 2025 | 
| U.S. v. Tainewasher dissenting | Criminal Law and Procedure | Oct. 10, 2025 | 
| Rajabian v. Mercedes-Benz USA author | Civil Procedure | Sep. 17, 2025 | 
| U.S. v. Barry concurring | Criminal Law and Procedure | Jun. 17, 2025 | 
| Lemus-Escobar v. Bondi author | Immigration | Jun. 16, 2025 | 
| Estate of Soakai v. Abdelaziz author | Qualified Immunity | May 16, 2025 | 
| Parker v. BNSF Railway Co. author | Employment Law | May 15, 2025 | 
| Newman v. Underhill author | Criminal Law and Procedure | Apr. 23, 2025 | 
| Duncan v. Bonta author | Constitutional Law | Mar. 20, 2025 | 
| Cedar Park Assembly of God v. Kreidler author | Civil Procedure | Feb. 27, 2025 | 
| Greer v. County of San Diego concurring | Attorneys | Feb. 10, 2025 | 
| Johnson v. High Desert State Prison dissenting | Prisoners' Rights | Jan. 27, 2025 | 
| Singh v. City of Phoenix author | Qualified Immunity | Dec. 26, 2024 | 
| Wolford v. Lopez author | Constitutional Law | Sep. 6, 2024 | 
| Parker v. BNSF Railway Company dissenting | Employment Law | Aug. 9, 2024 | 
| Ratha v. Rubicon Resources LLC dissenting | Civil Procedure | Jul. 31, 2024 | 
| U.S. v. Medina-Luna author | Criminal Law and Procedure | Apr. 12, 2024 | 
| U.S. v. Motley concurring | Evidence | Dec. 29, 2023 | 
| U.S. v. Sproat author | Criminal Law and Procedure | Dec. 28, 2023 | 
| Tellez-Ramirez v. Garland author | Immigration | Nov. 29, 2023 | 
| Glanden v. Kijakazi dissenting | Administrative Agencies | Nov. 16, 2023 | 
| Amended Opinion: No on E v. David Chiu author | Constitutional Law | Oct. 26, 2023 | 
| Dorsey v. U.S. author | Criminal Law and Procedure | Aug. 11, 2023 | 
| Herbal Brands, Inc. v. Photoplaza, Inc. author | Civil Procedure | Jul. 5, 2023 | 
| Leach v. Kijakazi author | Administrative Agencies | Jun. 15, 2023 | 
| Grabowski v. Arizona Board of Regents author | Education | Jun. 13, 2023 | 
| Kelsey v. Garrett dissenting | Criminal Law and Procedure | May 24, 2023 | 
| Jackson v. Amazon.com, Inc. dissenting | Arbitration | Apr. 19, 2023 | 
| Forrest v. Spizzirri concurring | Arbitration | Mar. 16, 2023 | 
| No on E v. David Chiu author | Constitutional Law | Mar. 8, 2023 | 
| National Labor Relations Board v. Aakash, Inc. author | Labor Law | Jan. 27, 2023 | 
| U.S. v. Fisher concurring | Criminal Law and Procedure | Dec. 21, 2022 | 
| Waln v. Dysart School District author | Constitutional Law | Dec. 9, 2022 | 
| Galvez v. Jaddou dissenting | Immigration | Nov. 3, 2022 | 
| Green v. Miss United States of America LLC dissenting | Constitutional Law | Nov. 2, 2022 | 
| In re: Jane Doe author | Criminal Law and Procedure | Oct. 25, 2022 | 
| Mendoza-Linares v. Garland dissenting | Immigration | Oct. 24, 2022 | 
| Lara-Garcia v. Garland author | Immigration | Sep. 26, 2022 | 
| Lopez v. Allen dissenting | Criminal Law and Procedure | Sep. 2, 2022 | 
| Smagin v. Yegiazaryan author | Civil Procedure | Jun. 10, 2022 | 
| Fon v. Garland concurring | Immigration | May 19, 2022 | 
| Kaufmann v. Kijakazi author | Constitutional Law | Apr. 28, 2022 | 
| Jessup v. Shinn author | Criminal Law and Procedure | Apr. 22, 2022 | 
| U.S. v. House concurring | Criminal Law and Procedure | Apr. 18, 2022 | 
| Arizona Democratic Party v. Hobbs author | Constitutional Law | Dec. 9, 2021 | 
| Duncan v. Bonta concurring | Constitutional Law | Dec. 2, 2021 | 
| Amended Opinion: Steinle v. U.S. author | Torts | Nov. 9, 2021 | 
| U.S. v. Tan author | Government | Nov. 2, 2021 | 
| U.S. v. Tat author | Criminal Law and Procedure | Oct. 22, 2021 | 
| Rivas-Villegas v. Cortesluna reversed | Civil Rights | Oct. 19, 2021 | 
| Nolasco-Amaya v. Garland author | Immigration | Sep. 29, 2021 | 
| Steinle v. U.S. author | Torts | Aug. 25, 2021 | 
| Marinelarena v. Garland author | Immigration | Jul. 27, 2021 | 
| United States v. Warren author | Criminal Law and Procedure | Jul. 23, 2021 | 
| Trout Unlimited v. Pirzadeh author | Administrative Agencies | Jun. 18, 2021 | 
| U.S. v. Harris dissenting | Criminal Law and Procedure | Jun. 10, 2021 | 
| Rodriguez Tornes v. Garland author | Immigration | Apr. 6, 2021 | 
| U.S. Bank v. White Horse Estates Homeowners Associates author | Real Property | Feb. 9, 2021 | 
| Tovar v. Zuchowski author | Immigration | Dec. 4, 2020 | 
| Davita Inc. v. Amy's Kitchen Inc. author | Health Care | Nov. 27, 2020 | 
| Davita Inc. v. Virginia Mason Memorial Hospital author | Health Care | Nov. 27, 2020 | 
| Cortesluna v. Leon author | Civil Rights | Oct. 28, 2020 | 
| Aliyev v. Barr author | Immigration | Aug. 25, 2020 | 
| American Wild Horse Campaign v. Bernhardt author | Environmental Law | Jul. 6, 2020 | 
| Staten v. Davis author | Criminal Law and Procedure | Jun. 19, 2020 | 
| Roy v. Barr author | Immigration | Jun. 5, 2020 | 
| Lepe Moran v. Barr author | Immigration | Jun. 3, 2020 | 
| Bark v. United States Forest Service concurring | Environmental Law | May 5, 2020 | 
| Mai v. U.S. author | Constitutional Law | Mar. 12, 2020 | 
| Scalia v. Employer Solutions Staffing Group LLC author | Labor Law | Mar. 3, 2020 | 
| Lopez-Aguilar v. Barr concurring | Immigration | Jan. 29, 2020 | 
| Conde Quevedo v. Barr author | Immigration | Jan. 27, 2020 | 
| Amended Opinion: Lima v. Educational Credit Management Corp. author | statutory_interpretation | Jan. 14, 2020 | 
| Bahra v. City of San Bernardino author | Labor Law | Dec. 31, 2019 | 
| Lima v. Educational Credit Management Corp. author | statutory_interpretation | Dec. 19, 2019 | 
| Amended Opinion: Salazar v. McDonald's Corp. author | Employment Law | Dec. 12, 2019 | 
| Qiu v. Barr author | Immigration | Dec. 12, 2019 | 
| Makekau v. State of Hawaii author | Civil Rights | Nov. 27, 2019 | 
| Fares v. Barr author | Immigration | Nov. 26, 2019 | 
| Salazar v. McDonald's Corp. author | Employment Law | Oct. 2, 2019 | 
| U.S. v. Becerra dissenting | Criminal Law and Procedure | Sep. 24, 2019 | 
| Cruz Pleitez v. Barr author | Immigration | Sep. 19, 2019 | 
| Amended Opinion: U.S. v. Benamor author | Criminal Law and Procedure | Sep. 6, 2019 | 
| U.S. v. Waggy author | Criminal Law and Procedure | Sep. 6, 2019 | 
| Pleitez-Lopez v. Barr author | Immigration | Aug. 26, 2019 | 
| West v. City of Caldwell author | Criminal Law and Procedure | Jul. 26, 2019 | 
| Amended Opinion: Aguirre Barbosa v. Barr author | Immigration | Jun. 7, 2019 | 
| U.S. v. Benamor author | Criminal Law and Procedure | Jun. 7, 2019 | 
| Oregon Natural Desert Association v. Rose author | Environmental Law | Apr. 26, 2019 | 
| Aguirre Barbosa v. Barr author | Immigration | Mar. 29, 2019 | 
| Miller v. Inslee concurring | Constitutional Law | Feb. 27, 2019 | 
| American Beverage Association v. City and County of San Francisco author | Constitutional Law | Feb. 1, 2019 | 
| Taylor v. County of Pima author | Civil Rights | Jan. 18, 2019 | 
| U.S. v. Valencia-Mendoza author | Criminal Law and Procedure | Jan. 11, 2019 | 
| Dachauer v. NBTY Inc. author | Consumer Law | Jan. 11, 2019 | 
| U.S. v. Valdez author | Criminal Law and Procedure | Dec. 24, 2018 | 
| U.S. v. Tydingco author | Criminal Law and Procedure | Nov. 28, 2018 | 
| Amended Opinion: U.S. ex rel. Rose v. Stephens Institute author | Government | Nov. 27, 2018 | 
| Amended Opinion: Martinez-De Ryan v. Whitaker author | Immigration | Nov. 19, 2018 | 
| Melgoza Guerrero v. Whitaker author | Immigration | Nov. 12, 2018 | 
| Amended Opinion: U.S. v. Holden author | Criminal Law and Procedure | Oct. 31, 2018 | 
| U.S. v. Sellers dissenting | Criminal Law and Procedure | Oct. 16, 2018 | 
| AFDI v. King County author | Constitutional Law | Sep. 28, 2018 | 
| U.S. ex rel. Rose v. Stephens Institute author | Government | Aug. 27, 2018 | 
| U.S. v. Holden author | Criminal Law and Procedure | Jul. 27, 2018 | 
| Martinez-De Ryan v. Sessions author | Constitutional Law | Jul. 18, 2018 | 
| U.S. v. Hohag author | Criminal Law and Procedure | Jun. 29, 2018 | 
| Vogel v. Harbor Plaza Center author | Civil Procedure | Jun. 26, 2018 | 
| California Dept. of Toxic Substances Control v. Westside Delivery author | Environmental Law | Apr. 30, 2018 | 
| Fober v. Management and Technology Consultants LLC author | Consumer Law | Mar. 30, 2018 | 
| U.S. v. Paixao author | Criminal Law and Procedure | Mar. 23, 2018 | 
| Duggan v. Department of Defense author | Employment Law | Feb. 27, 2018 | 
| Johnen v. MSPB author | Employment Law | Feb. 27, 2018 | 
| Solorio-Ruiz v. Sessions author | Immigration | Jan. 30, 2018 | 
| Gebhardt v. Duke author | Immigration | Jan. 10, 2018 | 
| Cooper v. Commissioner of Internal Revenue author | Tax | Dec. 18, 2017 | 
| Eichenberger v. ESPN Inc. author | Civil Procedure | Nov. 30, 2017 | 
| County of Amador v. United States Dept. of the Interior author | Native American Affairs | Oct. 9, 2017 | 
| U.S. v. Geozos author | Criminal Law and Procedure | Aug. 30, 2017 | 
| Marinelarena v. Sessions author | Immigration | Aug. 24, 2017 | 
| Contest Promotions LLC v. City and County of San Francisco author | Civil Rights | Aug. 17, 2017 | 
| Mendoza v. Nordstrom author | Labor Law | Aug. 4, 2017 | 
| Karczewski v. DCH Mission Valley LLC author | Disability Discrimination | Jul. 11, 2017 | 
 

 
