Status of Pending En Banc Cases
September 27, 2026
This report is provided for case identification and background information only and does not reflect the views of the court. When a case is heard or reheard en banc, the en banc court assumes jurisdiction over the entire case, see 28 U.S.C. § 46(c), regardless of the issue or issues that may have caused any member of the Court to vote to hear the case en banc. Summerlin v. Stewart, 309 F.3d 1193 (9th Cir. 2002).
Sedlik v. Von Drachenberg, No. 24-3367
Three-Judge Panel Opinion: 163 F.4th 667 (9th Cir. 2026)
Order Taking Case En Banc: 177 F.4th 964 (9th Cir. 2026)
Date of Order Taking Case En Banc: MURGUIA, Chief Judge, and WARDLAW, CALLAHAN, CHRISTEN, NGUYEN, FRIEDLAND, BENNETT, R. NELSON, COLLINS, SUNG, and TUNG, Circuit Judges
Status: Calendared September 29, 2026, at 1:30 p.m. in San Francisco, California
Members of En Banc Court: Not yet available
Subject Matter: Appeal from the district court’s judgment after a jury trial in favor of Katherine Von Drachenberg and her tattoo parlor, High Voltage Tattoo, in an action brought under the Copyright Act by Jeffrey Sedlik, alleging infringement of his copyright in a photograph of Miles Davis.
United Gospel Mission v. Brown, No. 24-7246
Three-Judge Panel Opinion: 162 F.4th 1190 (9th Cir. 2026)
Order Taking Case En Banc: 181 F.4th 1331 (9th Cir. 2026)
Date of Order Taking Case En Banc: June 18, 2026
Status: Calendared September 29, 2026, at 9:30 a.m. in San Francisco, California
Members of En Banc Court: MURGUIA, Chief Judge, and WARDLAW, GOULD, RAWLINSON, CHRISTEN, FRIEDLAND, BENNETT, COLLINS, VANDYKE, KOH, and DE ALBA, Circuit Judges
Subject Matter: Appeal from the district court’s preliminary injunction prohibiting the enforcement of the Washington Law Against Discrimination against the Union Gospel Mission of Yakima, Washington —a Christian ministry—for preferring and hiring co-religionists for non- ministerial roles.
Baird v. Bonta, No. 24-565
Three-Judge Panel Opinion: 163 F.4th 723 (9th Cir. 2026)
Order Taking Case En Banc: 172 F.4th 1105 (9th Cir. 2026)
Date of Order Taking Case En Banc: April 15, 2026
Status: Argued and submitted June 3, 2026, at 1:30 p.m. in Seattle, Washington
Members of En Banc Court: MURGUIA, Chief Judge, and M. SMITH, Jr., CHRISTEN, NGUYEN, OWENS, FRIEDLAND, R. NELSON, MILLER, BADE, LEE, and DE ALBA, Circuit Judges
Subject Matter: Appeal from the district court’s summary judgment in favor of California Attorney General Rob Bonta in Mark Baird’s civil rights lawsuit challenging, under the Second and Fourteenth Amendments, California’s restrictions on the open carry of firearms.
King v. Villegas, No. 23-1713
Three-Judge Panel Opinion: 156 F.4th 979 (9th Cir. 2025)
Order Taking Case En Banc: 171 F.4th 1163 (9th Cir. 2026)
Date of Order Taking Case En Banc: April 3, 2026
Status: Argued and submitted June 2, 2026, at 10:00 a.m. in Seattle, Washington
Members of En Banc Court: MURGUIA, Chief Judge, and W. FLETCHER, GOULD, CHRISTEN, OWENS, MILLER, COLLINS, FORREST, VANDYKE, KOH, and DESAI, Circuit Judges
Subject Matter: Appeal from the district court’s dismissal of a state prisoner’s 42 U.S.C. § 1983 suit as barred by Heck v. Humphrey, 512 U.S. 477 (1994).
Rojas-Espinoza v. Bondi, No. 24-7536
Three-Judge Panel Opinion: 160 F.4th 991 (9th Cir. 2025)
Order Taking Case En Banc: 167 F.4th 1069 (9th Cir. 2026)
Date of Order Taking Case En Banc: February 10, 2026
Status: Argued and submitted June 2, 2026, at 1:30 p.m. in Seattle, Washington
Members of En Banc Court: MURGUIA, Chief Judge, and WARDLAW, GOULD, RAWLINSON, CHRISTEN, FRIEDLAND, MILLER, BADE, LEE, H.A. THOMAS, and TUNG, Circuit Judges
Subject Matter: Petition for review challenging a Board of Immigration Appeals ruling upholding a decision by an Immigration Judge ordering petitioners' removal to Peru and denying their requests for relief from removal.
International Longshore and Warehouse Union v. NLRB, No. 23-632
Three-Judge Panel Opinion: 140 F.4th 1170 (9th Cir. 2025)
Order Taking Case En Banc: 2025 WL 3639284 (9th Cir. Dec. 16, 2025)
Date of Order Taking Case En Banc: December 16, 2025
En Banc Opinion: 2026 WL 2440079 (9th Cir. Aug. 20, 2026)
Date of En Banc Opinion: August 20, 2026
Members of En Banc Court: Chief Judge Murguia, Judges Gould, M. Smith, Christen, Bade, Lee, Bress, VanDyke, Koh, H.A. Thomas, and Mendoza
Subject Matter: Petitions for review and cross-petition for enforcement of the National Labor Relations Board's order directing the International Longshore and Warehouse Union to cease and desist from pursuing maintenance work for SSA Terminals at Terminal 5 in the Port of Seattle.
Holding: The en banc court denied petitions for review by the International Longshore and Warehouse Union (ILWU) and the Pacific Maritime Association and granted a cross-petition for enforcement by the National Labor Relations Board of the Board’s order awarding the right to perform maintenance and repair work for SSA Terminals, LLC to the International Association of Machinists and Aerospace Workers.
Rhode v. Bonta, No. 24-542
Three-Judge Panel Opinion: 145 F.4th 1090 (9th Cir. 2025)
Order Taking Case En Banc: 159 F.4th 1170 (9th Cir. 2025)
Date of Order Taking Case En Banc: December 1, 2025
Status: Argued and submitted March 25, 2026, at 1:00 p.m. in Pasadena, California
Members of En Banc Court: Chief Judge Murguia, Judges Bybee, M. Smith, Bennett, R. Nelson, Miller, Bade, Collins, VanDyke, Koh, and Sung
Subject Matter: Appeal from the district court’s permanent injunction barring California from enforcing its ammunition sales background check provisions, which require firearms owners to complete background checks before each ammunition purchase.
Phillips v. Goldman (In re Gilman), No. 24-2249
Three-Judge Panel Opinion: Not applicable
Order Taking Case En Banc: 158 F.4th 1082 (9th Cir. 2025)
Date of Order Taking Case En Banc: November 7, 2025
En Banc Opinion: 2026 WL 1257457 (9th Cir. May 7, 2026)
Date of En Banc Opinion: May 7, 2026
Members of En Banc Court: MURGUIA, GOULD, RAWLINSON, BYBEE, CHRISTEN, NGUYEN, OWENS, BRESS, FORREST, JOHNSTONE, and de ALBA
Subject Matter: Appeal from the district court’s the district court's order affirming in part and reversing in part the bankruptcy court's dismissal of a complaint brought by creditors Tammy R. Phillips and Tammy R. Phillips, APLC, against Amy L. Goldman, chapter 7 trustee for the bankruptcy estate of Kevin Harry Goldman.
Holding: The en banc court (1) reversed the district court’s decision upholding the bankruptcy court’s dismissal of an adversary proceeding based on a Chapter 7 bankruptcy trustee’s immunity from allegations that she failed to preserve and safeguard estate assets, and (2) remanded for the bankruptcy court to consider the trustee’s remaining arguments for dismissal.
United States v. $1,106,775.000 in U.S. Currency, No. 22-16499
Three-Judge Panel Opinion: 131 F.4th 710 (9th Cir. 2025)
Order Taking Case En Banc: 2025 WL 3011842 (9th Cir. Oct. 28, 2025)
Date of Order Taking Case En Banc: October 28, 2025
En Banc Opinion: 177 F.4th 986 (9th Cir. 2026)
Date of En Banc Opinion: June 2, 2026
Members of En Banc Court: MURGUIA, WARDLAW, CALLAHAN, NGUYEN, OWENS, FRIEDLAND, MILLER, BRESS, SANCHEZ, DESAI, and JOHNSTONE
Subject Matter: Appeal from the district court’s orders (1) striking Oak Porcelli’s claim opposing the United States government’s complaint for civil forfeiture against $1,106,775 in currency that Drug Enforcement Agency officers seized following Porcelli’s traffic stop; and (2) granting the government a default judgment of civil forfeiture against the currency.
Holding: The en banc court reversed the district court’s order striking Oak Porcelli’s claim for currency that was the subject of the government’s civil forfeiture action, and remanded for further proceedings.
Detrich v. Thornell, No. 08-99001
Three-Judge Panel Opinion: 677 F.3d 958 (9th Cir. 2012)
Order Taking Case En Banc: 696 F.3d 1265 (9th Cir. 2012)
Date of Order Taking Case En Banc: October 3, 2012
Original En Banc Opinion: 740 F.3d 1237 (9th Cir. 2013)
En Banc Opinion: 178 F.4th 1183 (9th Cir. 2026)
Date of En Banc Opinion: June 17, 2026
Members of En Banc Court: MURGUIA, S.R. THOMAS, GRABER, W. FLETCHER, GOULD, BEA, CHRISTEN, NGUYEN, OWENS, BADE, and LEE
Subject Matter: Appeal following the en banc court's limited remand to the district court. The en banc court granted a motion to remand this appeal for the district court to rule on a motion, made under Martinez v. Ryan, 132 S. Ct. 1309 (2012), by a petitioner challenging his conviction and capital sentence for murder and kidnapping.
Holding: The en banc court affirmed the district court’s denial of Arizona death row prisoner David Scott Detrich’s habeas corpus petition under 28 U.S.C. § 2254.
Yukutake v. Lopez, No. 21-16756
Three-Judge Panel Opinion: 130 F.4th 1077 (9th Cir. 2025)
Order Taking Case En Banc: 144 F.4th 1119 (9th Cir. 2025)
Date of Order Taking Case En Banc: July 28, 2025
En Banc Opinion: 2026 WL 2834831 (9th Cir. Sep. 22, 2026)
Date of En Banc Opinion: September 22, 2026
Members of En Banc Court: Chief Judge Murguia, Judges Wardlaw, Nguyen, Owens, R. Nelson, Bade, Bress, Forrest, VanDyke, Sanchez, and H.A. Thomas
Subject Matter: Appeal from the district court’s summary judgment for Todd Yukutake and David Kikukawa in their action seeking declaratory and injunctive relief to prevent the Attorney General of Hawaii from enforcing two provisions of Hawaii’s firearms laws on the ground that the provisions violate the Second Amendment.
Holding: The en banc court reversed the district court’s injunction that blocked the implementation of the State of Hawaii’s firearm licensing regime on Second Amendment grounds, and remanded for further proceedings.
Montejo-Gonzalez v. Bondi, No. 21-304
Three-Judge Panel Opinion: 119 F.4th 651 (9th Cir. 2024)
Order Taking Case En Banc: 141 F.4th 1334 (9th Cir. 2025)
Date of Order Taking Case En Banc: July 8, 2025
En Banc Opinion: 166 F.4th 851 (9th Cir. 2026)
Date of En Banc Opinion: February 5, 2026
Members of En Banc Court: MURGUIA, Chief Judge, and CALLAHAN, CHRISTEN, NGUYEN, FRIEDLAND, R. NELSON, KOH, SUNG, H.A. THOMAS, MENDOZA, Jr., and DESAI, Circuit Judges
Subject Matter: Petition for review of Board of Immigration Appeals order upholding immigration judge's denial of petitioners' motion to reopen their removal proceedings.
Holding: Granting Claudia Elena Montejo-Gonzalez’s petition for review of a Board of Immigration Appeals decision, the en banc court held that the immigration judge and the BIA abused their discretion in denying reopening of her in-absentia removal order and those of her children, and remanded.
Moving Oxnard Forward, Inc. v. Lopez, No. 21-56295
Three-Judge Panel Opinion: 124 F.4th 605 (9th Cir. 2024)
Order Taking Case En Banc: 138 F.4th 1102 (9th Cir. 2025)
Date of Order Taking Case En Banc: June 4, 2025
En Banc Opinion: 173 F.4th 1070 (9th Cir. 2026)
Date of En Banc Opinion: April 22, 2026
Members of En Banc Court: MURGUIA, Chief Judge, and WARDLAW, CALLAHAN, NGUYEN, OWENS, R. NELSON, MILLER, COLLINS, VANDYKE, KOH, and SUNG, Circuit Judges
Subject Matter: Appeal from the district court's grant of summary judgment to the City of Oxnard, California, in a case in which Moving Oxnard Forward, Inc., challenged certain campaign finance limitations in the Oxford City Code as a violation of the First Amendment.
Holding: The en banc court affirmed the district court’s grant of summary judgment to the City of Oxnard in a case in which Moving Oxnard Forward, a political advocacy nonprofit organization, challenged the constitutionality of certain campaign finance limitations for municipal elections included in the Oxnard Government Accountability and Ethics Act.
United States v. Atherton, No. 21-30266
Three-Judge Panel Opinion: 106 F.4th 888 (9th Cir. 2024)
Order Taking Case En Banc: 134 F.4th 1009 (9th Cir. 2025)
Date of Order Taking Case En Banc: April 24, 2025
Status: Argued and submitted September 9, 2025, at 9:30 a.m. in San Francisco, California; Submission of this case is VACATED pending the Supreme Court’s decision in Hunter v. United States, No. 24-1063.
Members of En Banc Court: MURGUIA, Chief Judge, and WARDLAW, BERZON, R. NELSON, MILLER, BADE, COLLINS, FORREST, SUNG, JOHNSTONE, and DE ALBA, Circuit Judges
Subject Matter: Appeal from the district court's sentence imposed on Keith Atherton, whose plea agreement contained an appeal waiver with certain exceptions.
United States v. Gomez, No. 23-435
Three-Judge Panel Opinion: 115 F.4th 987 (9th Cir. 2024)
Order Taking Case En Banc: 133 F.4th 1083 (9th Cir. 2025)
Date of Order Taking Case En Banc: April 14, 2025
En Banc Opinion: 2026 WL 90274 (9th Cir. Jan. 13, 2026)
Date of En Banc Opinion: January 13, 2026
Members of En Banc Court: MURGUIA, Chief Judge, and GOULD, M. SMITH, Jr., NGUYEN, R. NELSON, MILLER, COLLINS, KOH, SUNG, H.A. THOMAS, and DE ALBA, Circuit Judges
Subject Matter: Appeal from the district court’s sentence imposing a career offender enhancement under U.S.S.G. § 4B1.1 on the ground that defendant's prior conviction for assault with a deadly weapon under California Penal Code § 245(a)(1) was a “crime of violence.”
Holding: The en banc court affirmed the district court’s judgment in a case in which the district court found that Jesus Ramiro Gomez, who pleaded guilty to distribution of methamphetamine, was subject to a career offender enhancement under U.S.S.G. § 4B1.1(a) because his prior conviction for assault with a deadly weapon under California Penal Code § 245(a)(1) was a crime of violence—a classification Gomez did not challenge until his opening brief on appeal.
Arizona Alliance for Retired Americans v. Mayes, No. 22-16490
Three-Judge Panel Opinion: 117 F.4th 1165 (9th Cir. 2024)
Order Taking Case En Banc: 130 F.4th 1177 (9th Cir. 2025)
Date of Order Taking Case En Banc: March 18, 2025
En Banc Opinion: 2026 WL 2277101 (9th Cir. Aug. 7, 2026)
Date of En Banc Opinion: August 7, 2026
Members of En Banc Court: MURGUIA, Chief Judge, and CALLAHAN, IKUTA, BENNETT, R. NELSON, BRESS, VANDYKE, SUNG, H.A. THOMAS, DESAI, and JOHNSTONE, Circuit Judges
Subject Matter: Appeal from the district court’s preliminary injunction enjoining two Arizona election law amendments aimed at curtailing the risk of unlawful voting: (1) a provision that allows the cancellation of a voter’s registration if a county receives confirmation from another county that the voter has moved and is registered in that new county; and (2) a provision that makes it a felony to knowingly provide a mechanism for voting to another person registered in another state.
Holding: The en banc court The en banc court vacated the district court’s preliminary injunction enjoining enforcement of two Arizona election law amendments: (1) a provision that requires a county recorder to cancel a voter’s registration in that county if the voter moves and registers to vote in a new county; and (2) a provision that criminalizes knowingly providing a “mechanism for voting” to someone registered to vote in another state.
Ratha v. Rubicon Resources, LLC, No. 23-55299
Three-Judge Panel Opinion: 111 F.4th 946 (9th Cir. 2024)
Order Taking Case En Banc: 129 F.4th 1212 (9th Cir. 2025)
Date of Order Taking Case En Banc: March 4, 2025
En Banc Opinion: 2026 WL 480006 (9th Cir. Feb. 20, 2026)
Date of En Banc Opinion: February 20, 2026
Members of En Banc Court: MURGUIA, Chief Judge, and GRABER, GOULD, CALLAHAN, M. SMITH, Jr., BADE, BRESS, SUNG, MENDOZA, Jr., JOHNSTONE, and DE ALBA, Circuit Judges
Subject Matter: Appeal from the district court’s denial of plaintiffs’ motion under Federal Rule of Civil Procedure 60(b)(6) for relief from judgment in an action under the Trafficking Victims Protection Reauthorization Act.
Holding: Reversing the district court’s order denying plaintiffs’ motion under Federal Rule of Civil Procedure 60(b) for relief from summary judgment in favor of defendant Rubicon Resources, LLC, and remanding for further proceedings in a civil action under 18 U.S.C. § 1595(a), the en banc court held that an amendment to the statute, clarifying that defendants are civilly liable when they attempt to benefit, but do not succeed in benefitting, from human trafficking, has retroactive effect.