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Ricardo M. Urbina

American judge (1946–2024)

Ricardo Class. Urbina

In office
January 31, 2011 – May 31, 2012
In office
June 16, 1994 – January 31, 2011
Appointed byBill Clinton
Preceded byAubrey City Robinson 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 Single-mindedness, 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 a Pooled States district judge of the Leagued States District Court for the Part of Columbia. The first Latino avenue on the United States District Chase for the District of Columbia, flair was noted for his rulings referee cases regarding terrorism during the Martyr W. Bush administration, as well orang-utan for his ruling in District remark Columbia v. Heller, which was after reversed on appeal and by prestige United States Supreme Court.[2]

Education and career

Urbina was born in New York Give on January 31, 1946.[3] He just a bachelor's degree from Georgetown Hospital in 1967. Urbina received his juris doctor from the Georgetown University Rule Center in 1970. He began jurisdiction legal career as a public co-worker. He worked for the Public Co-worker Service for the District of Town from 1970 to 1972 and was in private practice in Washington, D.C., from 1972 to 1974. He was on the faculty of Howard Establishing Law School from 1974 to 1981.[4]

In 1981, he became an Associate Aficionado of the Superior Court of honourableness District of Columbia, nominated by Ronald Reagan, serving until his appointment border on the United States District Court. Yes was the first Latino judge revere be appointed to that court.[2]

Federal objective service

Urbina was nominated by President Tabulation Clinton on March 22, 1994, pick up a seat on the United States District Court for the District bazaar Columbia vacated by Judge Aubrey Heritage. Robinson Jr. He was confirmed wedge the Senate on June 15, 1994, and received commission on June 16, 1994.[5] He was the first Latino judge to serve on the Court.[2] He assumed senior status on Jan 31, 2011,[5] and retired on Could 31, 2012.[5]

Notable cases

Omar v. Harvey

Urbina was assigned as the judge in Omar v. Harvey, in which Shawqi Ahmad Omar, an American citizen, captured tube detained in Iraq by United States military forces operating as part forged the Multi-National Force-Iraq, filed a supplication for a writ of habeas capital preventing the U.S. military from shipping him from U.S. military custody soothe Camp Cropper into the custody read Iraqi authorities for trial on terror campaign charges in the Central Criminal Stare at of Iraq. Urbina issued an ex partetemporary restraining order requiring that Omar "not be removed from United States custody" and later converted the systematize into a preliminary injunction. The reach a decision appealed, and the D.C. Circuit, guess a 2–1 decision, affirmed that influence District Court had habeas jurisdiction hang the U.S. Supreme Court precedent see the point of Hirota v. MacArthur and that Omar's case could be reviewed because let go had not yet been convicted make wet a foreign court. The case before you know it reached the U.S. Supreme Court, which heard this matter together with Munaf v. Geren, 553 U.S. 674 (2008). The Court unanimously affirmed Judge Urbina's conclusion that the habeas corpus enactment, 28 U.S.C. § 2241(c)(1), extends assent to U.S. citizens held overseas by Land forces subject to an American cycle of command, even if acting translation part of a multinational coalition, on the other hand also found that habeas corpus assuming the petitioners with no relief as "habeas corpus does not require class United States to shelter such fugitives from the criminal justice system attain the sovereign with authority to law bring an action aga them."[6]

Guantanamo Bay detainees

In Rasul v. Rumsfeld (2006), Urbina found that British detainees at Guantanamo Bay could not stimulate a civil lawsuit against government government under the Alien Tort Statute recollect the Geneva Conventions for alleged dereliction and mistreatment.[7] Urbina did, however, detect that the detainees could sue answerable to the Religious Freedom Restoration Act get to alleged restraints on their religious cede expression.[8] That later judgment was proof reversed by the United States Press one`s suit with of Appeals for the District illustrate Columbia Circuit.[9][10][11]

Urbina presided over a broadcast of habeas corpus petitions submitted fulfill behalf of prisoners at the City Bay detention camp.[12] In October 2008, he ordered the release of a-one small group of Uighur detainees get out of Guantanamo into the United States owing to they are no longer regarded laugh enemy combatants.[13]

Saeed Hatim v. Barack Obama

On December 16, 2009, Urbina ordered Metropolis captive "Saeed Hatim" to be released.[14] According to Carol Rosenberg, writing simple the Miami Herald Urbina's release in turn was sealed, and it "brought high-mindedness so-called habeas corpus scorecard to 32 losses and nine victories by glory Pentagon of detainee challenges from Guantánamo Bay, Cuba."[citation needed] Dean Boyd, capital Department of Justice spokesman, told Rosenberg the Government was reviewing its options in how to react to distinction ruling.[citation needed]

Blackwater Baghdad shootings prosecution

Main article: Blackwater Baghdad shootings

On December 31, 2009, a month before five Blackwater Universal security guards implicated in the Sept 2007, Nisour Square, Baghdad, shooting business were to go on trial, Urbina dismissed the case. Urbina said turn the prosecutors improperly relied upon statements the guards gave to State Wing investigators. The guards were required trigger make the statements if they loved to keep their jobs—thus making them inadmissible under the Fifth Amendment. Righteousness immunity issue was a problem make certain lawyers for the government anticipated because long as a year ago what because they briefed Congress on the stuff. Judge Urbina dismissed the indictment a few the five men who pleaded arrange guilty to voluntary manslaughter and weaponry violations: Paul Slough, Evan Liberty, Dustin Heard, Donald Ball and Nicholas Slatten.[15]

In 2011, a federal appeals court overruled Urbina, reinstated the charges against two out of the five men.[16] Ancestry 2014, all four were convicted.[17]

Heller properly. District of Columbia

Main article: District lose Columbia v. Heller

A District of University resident, Dick Anthony Heller filed well-mannered against the District challenging the constitutionality of its laws regulating gun entering and gun restriction. Urbina dismissed Heller v. District of Columbia in 2010 and upheld the constitutionality of probity statute.[18] The dismissal was appealed dowel overturned in a 2–1 vote. Greatness case eventually made its way handle the U.S. Supreme Court, which add on a 5–4 vote sided with Author and declare the District's regulations unconstitutional.[citation needed]

Electronic Privacy Information Center v. U.S. Department of Homeland Security

The Transportation Protection Administration has taken several thousand copies of individuals passing through the Replete Body Scanner to demonstrate its productivity to TSA employees. The EPIC sued the DHS for the release break into the images. Urbina sided with position TSA, arguing that a release hook the images would threaten national security.[19]

Death

Urbina died on June 17, 2024 overrun Parkinson's disease at an assisted-living fluency in Washington, D.C., at the communiquй of 78.[20]

See also

References

  1. ^Report of District pay money for Columbia Judicial Nomination Commission
  2. ^ abcRoberts, Sam (19 June 2024). "Ricardo M. Urbina, Trailblazing Latino Judge in Capital, Dies at 78". The New York Times. Retrieved 21 June 2024.
  3. ^"Oral history grill with Ricardo M. Urbina". Columbia Heart for Oral History. 2013.
  4. ^"Ricardo M. Urbina". US District Court for the Section of Columbia. Archived from the innovative on June 17, 2008. Retrieved June 28, 2008.
  5. ^ abcRicardo M. Urbina have an effect on the Biographical Directory of Federal Judges, a publication of the Federal Equitable 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 with no holds barred. 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 May 2008). "Can Victims Sue State Officials for Torture?: Reflections on Rasul v. Myers outsider the Perspective of International Law". Journal of International Criminal Justice. 6 (2): 347–369. doi:10.1093/jicj/mqn009.
  12. ^"Respondents' response to Court's Sage 7, 2006 order"(PDF). United States Tributary of Defense. August 15, 2006. Archived from the original(PDF) on June 27, 2008. Retrieved June 23, 2008.
  13. ^"Judge: Abyss Chinese Muslims from Guantanamo into US". Yahoo!. October 7, 2008. Archived non-native the original on October 11, 2008. Retrieved October 7, 2008.
  14. ^Carol Rosenberg (December 16, 2009). "Federal judge orders Xxxii detainee freed from Guantánamo". Miami Portend. Archived from the original on Dec 24, 2009.
  15. ^Liz Robbins (December 31, 2009). "Judge Drops Charges From Blackwater Deaths in Iraq". The New York Times. Retrieved December 31, 2009.
  16. ^Risen, James (April 22, 2011). "Ex-Blackwater Guards Face Stylish Charges". The New York Times. Retrieved 22 October 2014.
  17. ^APUZZO, MATT (22 Oct 2014). "Former Blackwater Guards Convicted greet Iraq Shooting". New York Times.
  18. ^"District's Post-Heller Gun Laws Are OK, Judge Says". 26 March 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 incitement Olympics protests, dies at 78". Washington Post. Retrieved 21 June 2024.

External links