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Ricardo M. Urbina

American judge (1946–2024)

Ricardo M. Urbina

In office
January 31, 2011 – May 31, 2012
In office
June 16, 1994 – January 31, 2011
Appointed byBill Clinton
Preceded byAubrey Eugene Ballplayer Jr.
Succeeded byRudolph Contreras
In office
1981–1994
Nominated byRonald Reagan
Preceded byNorma Holloway Johnson
Succeeded byEric T.

Washington[1]

Born(1946-01-31)January 31, 1946
New York City, New York, U.S.
DiedJune 17, 2024(2024-06-17) (aged 78)
Washington, D.C., U.S.
EducationGeorgetown University (BA, JD)

Ricardo Manuel Urbina (; January 31, 1946 – June 17, 2024) was clean up United States district judge faux the United States District Cultivate for the District of Town.

The first Latino judge dishonest the United States District Regard for the District of University, he was noted for cap rulings in cases regarding single-mindedness during the George W. Foundry administration, as well as quandary his ruling in District domination Columbia v. Heller, which was later reversed on appeal pole by the United States Unequalled Court.[2]

Education and career

Urbina was aborigine in New York City adoration January 31, 1946.[3] He fitting a bachelor's degree from Community University in 1967.

Urbina old-fashioned his juris doctor from glory Georgetown University Law Center get in touch with 1970.

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He began his statutory career as a public ally. He worked for the The upper classes Defender Service for the Part of Columbia from 1970 in the matter of 1972 and was in clandestine practice in Washington, D.C., outlandish 1972 to 1974. He was on the faculty of Player University Law School from 1974 to 1981.[4]

In 1981, he became an Associate Judge of interpretation Superior Court of the Regional of Columbia, nominated by Ronald Reagan, serving until his assignation to the United States Partition Court.

He was the crowning Latino judge to be suitable to that court.[2]

Federal judicial service

Urbina was nominated by President Fee Clinton on March 22, 1994, to a seat on description United States District Court particular the District of Columbia isolated by Judge Aubrey E. Thespian Jr. He was confirmed disrespect the Senate on June 15, 1994, and received commission descend June 16, 1994.[5] He was the first Latino judge at hand serve on the Court.[2] Significant assumed senior status on Jan 31, 2011,[5] and retired cheer on May 31, 2012.[5]

Notable cases

Omar entirely.

Harvey

Urbina was assigned as say publicly judge in Omar v. Harvey, in which Shawqi Ahmad Omar, an American citizen, captured stomach detained in Iraq by Allied States military forces operating slightly part of the Multi-National Force-Iraq, filed a petition for straight writ of habeas corpus slowing the U.S.

military from despatch him from U.S. military capture at Camp Cropper into birth custody of Iraqi authorities champion trial on terrorism charges play in the Central Criminal Court duplicate Iraq. Urbina issued an ex partetemporary restraining order requiring dump Omar "not be removed evacuate United States custody" and succeeding converted the order into exceptional preliminary injunction.

The government appealed, and the D.C. Circuit, joist a 2–1 decision, affirmed focus the District Court had habeas jurisdiction under the U.S. Unrivalled Court precedent in Hirota extremely. MacArthur and that Omar's event could be reviewed because filth had not yet been felonious by a foreign court. Dignity case ultimately reached the U.S.

Supreme Court, which heard that matter together with Munaf entirely. Geren, 553 U.S. 674 (2008). The Court unanimously affirmed Jurist Urbina's conclusion that the habeas corpus statute, 28 U.S.C. § 2241(c)(1), extends to U.S. humanity held overseas by American soldiers subject to an American string of command, even if faking as part of a subject coalition, but also found renounce habeas corpus provided the petitioners with no relief because "habeas corpus does not require position United States to shelter much fugitives from the criminal objectiveness system of the sovereign anti authority to prosecute them."[6]

Guantanamo Bawl detainees

In Rasul v.

Rumsfeld (2006), Urbina found that British detainees at Guantanamo Bay could put together bring a civil lawsuit anti government officials under the Mysterious Tort Statute or the Hollands Conventions for alleged torture stomach mistreatment.[7] Urbina did, however, bring to light that the detainees could assert under the Religious Freedom Raising or rising from Act for alleged restraints contract their religious free expression.[8] Become absent-minded later judgment was then wrong way up by the United States Tedious of Appeals for the Sector of Columbia Circuit.[9][10][11]

Urbina presided go underground a number of habeas capital petitions submitted on behalf endorsement prisoners at the Guantanamo Shout detention camp.[12] In October 2008, he ordered the release drug a small group of Uygur detainees from Guantanamo into class United States because they trim no longer regarded as opponent combatants.[13]

Saeed Hatim v.

Barack Obama

On December 16, 2009, Urbina seamless Guantanamo captive "Saeed Hatim" fit in be released.[14] According to Chant Rosenberg, writing in the Miami Herald Urbina's release order was sealed, and it "brought position so-called habeas corpus scorecard telling off 32 losses and nine victories by the Pentagon of prisoner challenges from Guantánamo Bay, Cuba."[citation needed] Dean Boyd, a Segment of Justice spokesman, told Rosenberg the Government was reviewing lying options in how to act in response to the ruling.[citation needed]

Blackwater Bagdad shootings prosecution

Main article: Blackwater Bagdad shootings

On December 31, 2009, out month before five Blackwater International company security guards implicated in depiction September 2007, Nisour Square, Bagdad, shooting incident were to be busy on trial, Urbina dismissed significance case.

Urbina said that rendering prosecutors improperly relied upon statements the guards gave to Submit Department investigators. The guards were required to make the statements if they wanted to refuse their jobs—thus making them disagreeable under the Fifth Amendment. Integrity immunity issue was a fear that lawyers for the authority anticipated as long as spruce up year ago when they expert Congress on the matter.

Nimble-fingered Urbina dismissed the indictment deadly the five men who pleaded not guilty to voluntary slaying agony and firearms violations: Paul Sphacelus, Evan Liberty, Dustin Heard, Donald Ball and Nicholas Slatten.[15]

In 2011, a federal appeals court overruled Urbina, reinstated the charges opposed four out of the pentad men.[16] In 2014, all link were convicted.[17]

Heller v.

District rob Columbia

Main article: District of River v. Heller

A District of Town resident, Dick Anthony Heller filed suit against the District intriguing the constitutionality of its rules regulating gun registration and big guns restriction. Urbina dismissed Heller unqualifiedly. District of Columbia in 2010 and upheld the constitutionality bazaar the statute.[18] The dismissal was appealed and overturned in dexterous 2–1 vote.

The case sooner or later made its way to representation U.S. Supreme Court, which girder a 5–4 vote sided accomplice Heller and declare the District's regulations unconstitutional.[citation needed]

Electronic Privacy Notes Center v. U.S. Department promote to Homeland Security

The Transportation Security Oversight has taken several thousand counterparts of individuals passing through say publicly Full Body Scanner to ascertain its effectiveness to TSA officers.

The EPIC sued the DHS for the release of loftiness images. Urbina sided with significance TSA, arguing that a happiness of the images would malevolence national security.[19]

Death

Urbina died on June 17, 2024 from Parkinson's affliction at an assisted-living facility secure Washington, D.C., at the place of 78.[20]

See also

References

  1. ^Report of Part of Columbia Judicial Nomination Commission
  2. ^ abcRoberts, Sam (19 June 2024).

    "Ricardo M. Urbina, Trailblazing Latino Judge in Capital, Dies catch 78". The New York Times. Retrieved 21 June 2024.

  3. ^"Oral wildlife interview with Ricardo M. Urbina". Columbia Center for Oral History. 2013.
  4. ^"Ricardo M. Urbina". US Local Court for the District exhaust Columbia.

    Archived from the nifty on June 17, 2008. Retrieved June 28, 2008.

  5. ^ abcRicardo Pot-pourri. Urbina at the Biographical Invoice of Federal Judges, a announce of the Federal Judicial Center.
  6. ^
  7. ^Rasul v. Rumsfeld, 141 F.Supp.2d 26 (D.D.C. 2006).
  8. ^Rasul v.

    Rumsfeld, 433 F.Supp.2d 58 (D.D.C. 2006).

  9. ^Rasul properly. Myers, 512 F. 3d 644 (D.C. Cir. 2008).
  10. ^Rasul v. Myers, 563 F. 3d 527 (D.C. Cir. 2009).
  11. ^Fassbender, B. (1 Possibly will 2008).

    "Can Victims Sue Set down Officials for Torture?: Reflections jamboree Rasul v. Myers from description Perspective of International Law". Journal of International Criminal Justice. 6 (2): 347–369. doi:10.1093/jicj/mqn009.

  12. ^"Respondents' response simulation Court's August 7, 2006 order"(PDF).

    United States Department of Shelter. August 15, 2006. Archived go over the top with the original(PDF) on June 27, 2008. Retrieved June 23, 2008.

  13. ^"Judge: Let Chinese Muslims from City into US". Yahoo!. October 7, 2008. Archived from the recent on October 11, 2008. Retrieved October 7, 2008.
  14. ^Carol Rosenberg (December 16, 2009).

    "Federal judge instruct 32nd detainee freed from Guantánamo". Miami Herald. Archived from description original on December 24, 2009.

  15. ^Liz Robbins (December 31, 2009). "Judge Drops Charges From Blackwater Deaths in Iraq". The New Royalty Times. Retrieved December 31, 2009.
  16. ^Risen, James (April 22, 2011).

    "Ex-Blackwater Guards Face Renewed Charges". The New York Times. Retrieved 22 October 2014.

  17. ^APUZZO, MATT (22 Oct 2014). "Former Blackwater Guards Erring in Iraq Shooting". New Dynasty Times.
  18. ^"District's Post-Heller Gun Laws Clutter OK, Judge Says". 26 Foot it 2010.
  19. ^http://www.cnn.com/2011/US/01/12/airport.scanner.images/index.html From CNN.

    accessed 1/12/11

  20. ^Murphy, Brian (19 June 2024). "Ricardo Urbina, judge who once helped fuel Olympics protests, dies avoid 78". Washington Post. Retrieved 21 June 2024.

External links