“Confirmed Judges, Confirmed Fears” is a blog series documenting the harmful impact of President Trump’s judges on Americans’ rights and liberties. It includes judges nominated in both his first and second terms.
Trump Ninth Circuit judge Eric Miller cast the deciding vote to allowan El Salvador immigrant to be removed despite strong evidence that he would likely be tortured if returned there. Clinton judge Johnnie Rawlinson agreed but Biden judge Roopali Desai dissented from the August 2025 ruling of Artiga-Morales v Bondi.
What happened in this case?
Edwin Artiga-Morales immigrated to the US from El Salvador. At a hearing before an Immigration Judge (IJ), he sought deferral of removal or deportation under the Convention Against Torture (CAT) because of evidence he would be tortured if returned to the country.
The IJ denied the request and he appealed to the Board of Immigration Appeals (BIA). It denied the appeal, and he petitioned the Ninth Circuit to review and reverse the decision.
How did Trump judge Miller and the Ninth Circuit majority rule and why is the result harmful?
Trump judge Miller joined Judge Rawlinson in denying the petition from Artiga-Morales. They claimed there was “substantial evidence” to support the BIA decision. In particular, they stated that the evidence did not establish that most people with a previous gang connection were tortured in El Salvador or that Artiga-Morales was “subject to a higher risk of torture” in prison than others with a gang connection.
Biden nominee Judge Roopali Desai strongly dissented. She explained that the majority used the “wrong legal standard” in claiming that Artiga-Morales must show that he faces a “higher” risk of torture than other gang members. Instead, she went on, he need only show that he will “more likely than not” be tortured upon his return to an El Salvador prison. Based on a careful review of the record, she concluded, this standard was clearly met. In fact, she pointed out, the majority “ignores substantial (and largely uncontested) evidence of the violence and inhumane conditions” he will face, and the record established that he will “more likely than not be tortured if removed to El Salvador.”
The ruling made possible by Trump judge Miller will clearly harm Edwin Artiga-Morales in his effort to avoid deportation to and torture in El Salvador. By establishing an incorrect and overly demanding standard in such cases, moreover, the decision also risks harming other immigrants from that country, particularly in the Ninth Circuit, which includes California, Alaska, Arizona, Hawaii, Idaho, Montana, Nevada, Oregon and Washington. In addition, the decision illustrates the importance of our federal courts to health, welfare and justice and the significance of having fair-minded judges on the federal bench.