Ninth Circuit Court nominee, a Central Valley judge, faces grilling from GOP Senators

U.S. District Judge Ana de Alba – who sailed through the Senate Judiciary Committee hearings last year en route to become the first Latina on the Fresno-based U.S. District Court for the Eastern District of California – had a bumpier experience Wednesday morning in her effort to be confirmed to the Ninth Circuit Court of Appeals.

De Alba was grilled by Republican Senators about her decision to allow Conrado Virgen Mendoza – who was entenced to 21 months for hiding his brother from police after Paulo Virgen Mendoza killed a Newman police officer during a December 2018 traffic stop – to remove one of two monitoring devises.

She was also questioned about giving a 66-month sentence to a Fresno man convicted of possession of child pornography when the guideline ranged from 78 to 97 months.

In both instances, the 44-year-old de Alba explained she followed federal guidelines and considered recommendations from prosecutors in making those decisions.

“I am required to look at many factors anytime I impose a sentence,” said de Alba, responding to questioning from Sen. Tom Cornyn, R-Texas. “I’m required to look at factors under 18 US Code Section 3005 53a, the Ninth Circuit as well as Supreme Court precedent.

“It’s also required that I look at, as you stated, the pre-sentence report. I also need to look at any requests from defense.”

Committee Chair Sen. Dick Durbin, a Democrat from Illinois, noted that in the ankle-monitoring case involving Conrado Virgen Mendoza, the defendant was also wearing a GPS device managed by federal immigration officials.

Sen. Ted Cruz, R-Texas, said Conrado, a Mexican citizen, had driven his brother through Stanislaus, San Joaquín and Merced counties in an effort to hide him from law officers and escape to México to avoid capture. (Paulo was captured in Kern County days after the shooting death of Newman Police Cpl. Ronil Singh and later sentenced to life in prison without the possibility of parole).

“He had every incentive not to stick around and get convicted,” said Cruz. “And yet, somewhat inexplicably, you granted the defendant’s motion to remove the GPS location monitoring device assigned by a prior judge that the defendant had previously worn for about four years.”

Cruz also blasted de Alba for not holding a hearing in the case, but the judge said she had “all of the papers that I needed to review” and pointed out she has “1,156 cases on my docket.”

Durbin pointed out that Conrado had lived in California for 22 years with his three children who were born in the U.S. “He had continually complied with all conditions of release over a prolonged period of time and had never missed a court date,” said Durbin.

De Alba expected to win confirmation

De Alba, who was a Fresno County Superior Court Judge before moving into the district court bench, was nominated for the Ninth Circuit in April by President Biden.

Despite the grilling by Cruz and other Republican senators, de Alba should advance for a full vote by the Senate, according to University of Richmond law professor Carl Tobias, who follows judicial confirmation hearings.

“She did well. She was clear and comprehensive; very articulate,” said Tobias. “They asked her some tough questions.

“I don’t think there’s anyone that can satisfy Sen. Cruz and Sen. (Mike) Lee, and perhaps even Sen. (John) Kennedy,” he said. “I think she will be confirmed.”

Sen. Alex Padilla, D-California, did a solid job of introducing de Alba, said Tobias.

“She’s in fine shape. She has all the qualities a judge should have: Hard working, good temperament,” said Tobias.

In her introduction, de Alba said she went into law because one summer her mother never got paid despite assurances that she would get a paycheck “next week.”

At the end of the harvest, the rancher filed for bankruptcy.

“That summer we went without (new) school clothes,” said de Alba, who heard her mother crying in the bathroom. “My poor brother had to go through the eighth grade with high-waters because he outgrew his pants.”

Her mother, she said, did not have the means to drive to seek legal aid because living in South Dos Palos meant lack of transportation to a city like Fresno.

De Alba received her bachelor of arts and law degrees from UC Berkeley. She was an associate at Lang Richert & Patch (2007-13), and a partner at the firm (2013-18) before being serving on the Fresno County Superior Court (2018-22)..

“Judge de Alba has more than proven herself to be a qualified jurist, continuing to demonstrate an expansive breadth of legal knowledge and an unwavering commitment to public service,” said Padilla. “She is dedicated, fair, and universally respected by her colleagues.”