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Edward Chen

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Edward Chen
Image of Edward Chen

Nonpartisan

United States District Court for the Northern District of California (senior status)
Tenure

2022 - Present

Years in position

3

Prior offices
United States District Court for the Northern District of California
Successor: Rita Lin
Predecessor: Martin J. Jenkins

Education

Bachelor's

University of California, Berkeley, 1975

Law

University of California, Berkeley, Boalt Hall School of Law, 1979

Personal
Birthplace
Oakland, Calif.

Edward Milton Chen is a federal judge on senior status with the United States District Court for the Northern District of California. He joined the court in 2011 after a nomination from President Barack Obama (D). He assumed senior status on May 17, 2022. Prior to his nomination to an Article III position, Chen was a federal magistrate judge for the United States District Court for the Northern District of California.[1]

Education

Chen received his A.B. in 1975 from the University of California – Berkeley, and his J.D. in 1979 from Boalt Hall School of Law.[1][2]

Professional career

Judicial career

Northern District of California

Nomination Tracker
Fedbadgesmall.png
Nominee Information
Name: Edward Chen
Court: Northern District of California
Progress
Confirmed 642 days after nomination.
ApprovedANominated: August 6, 2009
ApprovedAABA Rating: Unanimously Well Qualified
Questionnaire:
ApprovedAHearing: September 23, 2009
Hearing Transcript: Hearing Transcript
QFRs: (Hover over QFRs to read more)
ApprovedAReported: March 17, 2011 (Oct. 15, 2009, Feb. 4, 2010, Sept. 23, 2010)
ApprovedAConfirmed: May 10, 2011
ApprovedAVote: 56-42

On the recommendation of Senator Dianne Feinstein, Chen was nominated by President Barack Obama (D) for an Article III judgeship on the United States District Court for the Northern District of California, replacing Judge Martin Jenkins.Cite error: Closing </ref> missing for <ref> tag

He was unanimously rated well qualified by the American Bar Association. He had his hearing before the Senate Judiciary Committee on September 23, 2009, and you can find his hearing transcript here. The Senate Judiciary Committee approved his nomination 12-7 on October 15, 2009, but the full Senate returned Chen's nomination to the president on December 24, 2009.[4]

On January 20, 2010, President Obama renominated Chen and on February 4, 2010, the Senate Judiciary Committee again approved the nomination with a 12-7 party-line vote.[5][6][7]

On August 5, 2010, the Senate returned the nomination of Chen to President Obama for a second time, refusing to debate and offer a vote before the body adjourned for its month-long recess.[8]

On September 13, 2010, President Obama again submitted Chen's nomination to the U.S. Senate.[9]

Chen's nomination was returned to the president at the end of the 111th Congress. President Obama resubmitted the nomination on January 5, 2011. Chen's nomination was confirmed by a Senate vote of 56-42 on May 9, 2011.[10] Chen assumed senior status on May 17, 2022.[1]

Northern District of California, Magistrate

Chen became a federal magistrate judge in 2001.[3] After his initial term expired, he was reappointed to a new eight-year term. Chen served in this position until becoming an Article III judge in 2011.[11]

Noteworthy cases

Supreme Court overturns orders on Temporary Protected Status (2025)

On January 28, 2025, Department of Homeland Security Secretary Kristi Noem vacated a decision from the Joe Biden (D) administration extending the 2023 Temporary Protected Status (TPS) designation for individuals from Venezuela and Haiti.[12] Noem went on to officially end the designation on February 1.[13] On February 19, the National TPS Alliance, along with several Venezuelans with TPS under the 2023 designation, filed a lawsuit in the United States District Court for the Northern District of California challenging the rule change. In the lawsuit, they said Noem's actions violated the Administrative Procedure Act and violated the Fifth Amendment's equal protection clause.[14]

Judge Edward Chen issued an order on March 31 temporarily pausing the implementation of Noem's decisions.[15] The federal government appealed the decision to the United States Court of Appeals for the Ninth Circuit, which declined to overturn Chen's order.[16]

The federal government then filed an emergency application with the Supreme Court on May 1, saying Chen's order was judicial overreach and that TPS decisions are not subject to judicial review, and that Noem's actions were within her authority as secretary of the Department of Homeland Security.[17] On May 19, the Supreme Court granted the federal government's request in an 8-1 decision and stayed Chen's order. Justice Ketanji Brown Jackson dissented.[18]

On September 5, 2025, Chen issued a decision in the case, ruling that Noem's termination of TPS was illegal.[19] The federal government appealed this decision to the United States Court of Appeals for the Ninth Circuit, which declined to stay the decision.[20] The federal government then filed another emergency application with the Supreme Court on September 19. On October 3, the Supreme Court granted the federal government's request, staying Chen's order pending appeal. Justices Elena Kagan and Sonia Sotomayor would have denied the application, and Justice Ketanji Brown Jackson dissented.[21][22]

Coverall settlement approved with nearly $1 million in attorneys' fees (2014)

In June 2014, a three-judge panel of the Ninth Circuit, comprised of Judges Chen (sitting by designation), Jay Bybee and Ronald Gould, affirmed nearly $1 million in attorneys’ fees as part of a class action settlement between Coverall, a janitorial company, and its franchisees. Judge Gould wrote the majority opinion in this case. The award was originally approved by Judge Jeffrey Miller of the Southern District of California in February 2012.

Articles:

See also

External links

Footnotes

  1. ↑ 1.0 1.1 1.2 1.3 Federal Judicial Center, "Biography of Edward Milton Chen," accessed August 8, 2014
  2. ↑ 2.0 2.1 White House Office of the Press Secretary, "Press Release: President Obama Nominates Edward Milton Chen, Dolly Gee and Richard Seeborg to Serve on the District Court Bench," August 7, 2009
  3. ↑ 3.0 3.1 CQ Politics, "Partisan Tensions Intensify Over Judicial Nominations," October 15, 2009 (dead link)
  4. ↑ Senate Judiciary Committee, "Judicial Nomination Materials: 111th Congress," accessed April 24, 2014
  5. ↑ Point of Law, "President renominates previously blocked judicial candidates," January 21, 2010
  6. ↑ San Francisco Chronicle, "Senate panel backs Obama's judge nominee," February 5, 2010
  7. ↑ Blog of Legal Times, "Republicans Say They'll Support DOJ Policy Pick," February 4, 2010
  8. ↑ San Francisco Chronicle, "Republicans block Bay Area judicial nominees," August 7, 2010
  9. ↑ White House Office of the Press Secretary, "Press Release: Presidential Nominations Sent to Senate," September 13, 2010
  10. ↑ Senate Judiciary Committee, "112th Congress Confirmation Materials," accessed April 24, 2014
  11. ↑ Cite error: Invalid <ref> tag; no text was provided for refs named JS
  12. ↑ Federal Register, "Vacatur of 2025 Temporary Protected Status Decision for Venezuela," February 3, 2025
  13. ↑ Federal Register, "Termination of the October 3, 2023 Designation of Venezuela for Temporary Protected Status," February 5, 2025
  14. ↑ CourtListener, "National TPS Alliance v. Noem," February 19, 2025
  15. ↑ CourtListener, "National TPS Alliance v. Noem," March 31, 2025
  16. ↑ CourtListener, "National TPS Alliance, et al. v. Noem, et al.," April 18, 2025
  17. ↑ Supreme Court, "Kristi Noem application," May 1, 2025
  18. ↑ Supreme Court, "No. 24A1059," accessed May 20, 2025
  19. ↑ CourtListener, "Order on Administrative Motion per Civil Local Rule 7-11 AND Order on Motion for Partial Summary Judgment AND Order on Motion to Dismiss," September 5, 2025
  20. ↑ Supreme Court, "Noem v. NTPSA II Stay Application," accessed October 7, 2025
  21. ↑ SCOTUSBlog, "Supreme Court allows Trump to remove protected status from Venezuelan nationals," October 3, 2025
  22. ↑ Supreme Court, "No. 25A326," accessed October 6, 2025

Political offices
Preceded by
Martin J. Jenkins 		United States District Court for the Northern District of California
2011-2022		 Succeeded by
Rita Lin


California courts

Federal courts:

Ninth Circuit Court of Appeals • U.S. District Court: Central District of California, Eastern District of California, Northern District of California, Southern District of California • U.S. Bankruptcy Court: Central District of California, Eastern District of California, Northern District of California, Southern District of California

State courts:

California Supreme Court • California Courts of Appeal • California Superior Courts

State resources:

Courts in California • California judicial elections • Judicial selection in California

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