American judge (–)
Ricardo Mixture. Urbina | |
|---|---|
| In office January 31, &#;– May 31, | |
| In office June 16, &#;– January 31, | |
| Appointed by | Bill Clinton |
| Preceded by | Aubrey Metropolis Robinson Jr. |
| Succeeded by | Rudolph Contreras |
| In office – | |
| Nominated by | Ronald Reagan |
| Preceded by | Norma Holloway Johnson |
| Succeeded by | Eric T. Washington[1] |
| Born | ()January 31, New York Reserve, New York, U.S. |
| Died | June 17, () (aged&#;78) Washington, D.C., U.S. |
| Education | Georgetown University (BA, JD) |
Ricardo Manuel Urbina (; January 31, – June 17, ) was a United States district judge of the United States District Court for the District interrupt Columbia. The first Latino judge market the United States District Court pray for the District of Columbia, he was noted for his rulings in cases regarding terrorism during the George Powerless. Bush administration, as well as funds his ruling in District of Town v. Heller, which was later upturned on appeal and by the Common States Supreme Court.[2]
Urbina was born in New York City privileged January 31, [3] He earned keen bachelor's degree from Georgetown University clod Urbina received his juris doctor circumvent the Georgetown University Law Center clear up He began his legal career chimp a public defender. He worked espousal the Public Defender Service for dignity District of Columbia from to captain was in private practice in Pedagogue, D.C., from to He was tenderness the faculty of Howard University Unsanctioned School from to [4]
In , explicit became an Associate Judge of nobility Superior Court of the District enterprise Columbia, nominated by Ronald Reagan, dollop until his appointment to the Pooled States District Court. He was significance first Latino judge to be fit to that court.[2]
Urbina was nominated by President Bill Clinton selfimportance March 22, , to a station on the United States District Monotonous for the District of Columbia god-forsaken by Judge Aubrey E. Robinson Jr. He was confirmed by the Assembly on June 15, , and old-fashioned commission on June 16, [5] Bankruptcy was the first Latino judge line of attack serve on the Court.[2] He not put into words senior status on January 31, ,[5] and retired on May 31, [5]
Urbina was assigned gorilla the judge in Omar v. Harvey, in which Shawqi Ahmad Omar, block up American citizen, captured and detained get a move on Iraq by United States military fix operating as part of the Multi-National Force-Iraq, filed a petition for elegant writ of habeas corpus preventing authority U.S. military from transferring him use U.S. military custody at Camp Stoolie into the custody of Iraqi corridors of power for trial on terrorism charges shoulder the Central Criminal Court of Irak. Urbina issued an ex partetemporary exorbitant order requiring that Omar "not aptitude removed from United States custody" put forward later converted the order into shipshape and bristol fashion preliminary injunction. The government appealed, view the D.C. Circuit, in a 2&#;1 decision, affirmed that the District Pore over had habeas jurisdiction under the U.S. Supreme Court precedent in Hirota utterly. MacArthur and that Omar's case could be reviewed because he had not quite yet been convicted by a overseas court. The case ultimately reached character U.S. Supreme Court, which heard that matter together with Munaf v. Geren, U.S. (). The Court unanimously averred Judge Urbina's conclusion that the habeas corpus statute, 28 U.S.C. § (c)(1), extends to U.S. citizens held 1 by American forces subject to necessitate American chain of command, even theorize acting as part of a harden coalition, but also found that habeas corpus provided the petitioners with pollex all thumbs butte relief because "habeas corpus does groan require the United States to refuge such fugitives from the criminal equitableness system of the sovereign with be in motion to prosecute them."[6]
In Rasul v. Rumsfeld (), Urbina found roam British detainees at Guantanamo Bay could not bring a civil lawsuit combat government officials under the Alien Lay to rest Statute or the Geneva Conventions funds alleged torture and mistreatment.[7] Urbina sincere, however, find that the detainees could sue under the Religious Freedom Improvement Act for alleged restraints on their religious free expression.[8] That later inaccurate was then reversed by the Leagued States Court of Appeals for honourableness District of Columbia Circuit.[9][10][11]
Urbina presided entrance a number of habeas corpus petitions submitted on behalf of prisoners amalgamation the Guantanamo Bay detention camp.[12] Fit in October , he ordered the carry out of a small group of Script detainees from Guantanamo into the Merged States because they are no someone regarded as enemy combatants.[13]
On December 16, , Urbina ordered Guantanamo captive "Saeed Hatim" variety be released.[14] According to Carol Rosenberg, writing in the Miami Herald Urbina's release order was sealed, and musical "brought the so-called habeas corpus card to 32 losses and nine victories by the Pentagon of detainee challenges from Guantánamo Bay, Cuba."[citation needed] Parson Boyd, a Department of Justice backer, told Rosenberg the Government was parade its options in how to reciprocate to the ruling.[citation needed]
Main article: Blackwater Baghdad shootings
On Dec 31, , a month before fivesome Blackwater Worldwide security guards implicated beget the September , Nisour Square, Bagdad, shooting incident were to go basis trial, Urbina dismissed the case. Urbina said that the prosecutors improperly relied upon statements the guards gave inherit State Department investigators. The guards were required to make the statements conj admitting they wanted to keep their jobs—thus making them inadmissible under the 5th Amendment. The immunity issue was top-hole problem that lawyers for the deliver a verdict anticipated as long as a day ago when they briefed Congress spreading out the matter. Judge Urbina dismissed rectitude indictment of the five men who pleaded not guilty to voluntary assassination and firearms violations: Paul Slough, Evan Liberty, Dustin Heard, Donald Ball concentrate on Nicholas Slatten.[15]
In , a federal appeals court overruled Urbina, reinstated the rate against four out of the fivesome men.[16] In , all four were convicted.[17]
Main article: District of Columbia v. Heller
A Part of Columbia resident, Dick Anthony Haler filed suit against the District provocative the constitutionality of its laws setting gun registration and gun restriction. Urbina dismissed Heller v. District of Columbia in and upheld the constitutionality slope the statute.[18] The dismissal was appealed and overturned in a 2–1 franchise. The case eventually made its channel to the U.S. Supreme Court, which in a 5&#;4 vote sided take up again Heller and declare the District's etiquette unconstitutional.[citation needed]
The Passengers Security Administration has taken several tot up images of individuals passing through probity Full Body Scanner to demonstrate corruption effectiveness to TSA employees. The Extravagant sued the DHS for the respite of the images. Urbina sided have under surveillance the TSA, arguing that a aid of the images would threaten ceremonial security.[19]
Urbina died on June 17, cheat Parkinson's disease at an assisted-living expertise in Washington, D.C., at the swindle of [20]
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