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Susan P. Graber

See more on Susan P. Graber

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
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
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