On November 10, 2011, President Obama nominated Curiel to serve as a judge on the United States District Court for the Southern District of California.[2] He would replace Judge Thomas J. Whelan, who has taken senior status. He received a hearing before the Senate Judiciary Committee on March 28, 2012 and his nomination was reported to the floor on April 26, 2012, by voice vote.[3]

In the early hours of September 22, 2012, on what was officially still the legislative day of September 21, the Senate confirmed Curiel in a voice vote.[4] He received his commission on October 1, 2012.[5]