Ferdinand Francis Fernandez (born May 29, 1937) is a
Senior United States circuit judge of the
United States Court of Appeals for the Ninth Circuit and a former United States District Judge of the
United States District Court for the Central District of California.
Education and career
Born in
Pasadena,
California, Fernandez received a
Bachelor of Science degree from the
University of Southern California in 1958, a
Juris Doctor
The Juris Doctor (J.D. or JD), also known as Doctor of Jurisprudence (J.D., JD, D.Jur., or DJur), is a graduate-entry professional degree in law
and one of several Doctor of Law degrees. The J.D. is the standard degree obtained to practice law ...
from the
University of Southern California Gould School of Law in 1962, and a
Master of Laws from
Harvard Law School
Harvard Law School (Harvard Law or HLS) is the law school of Harvard University, a private research university in Cambridge, Massachusetts. Founded in 1817, it is the oldest continuously operating law school in the United States.
Each class ...
in 1963. He was a
law clerk
A law clerk or a judicial clerk is a person, generally someone who provides direct counsel and assistance to a lawyer or judge by researching issues and drafting legal opinions for cases before the court. Judicial clerks often play significant ...
for Judge
William M. Byrne of the United States District Court for the Central District of California from 1963 to 1964, thereafter entering private practice in
Pomona
Pomona may refer to:
Places Argentina
* Pomona, Río Negro
Australia
* Pomona, Queensland, Australia, a town in the Shire of Noosa
* Pomona, New South Wales, Australia
Belize
* Pomona, Belize, a municipality in Stann Creek District
Mexico ...
, California until 1980. He was a judge of the
San Bernardino County State Superior Court of California
Superior courts in California are the state trial courts with general jurisdiction to hear and decide any civil or criminal action which is not specially designated to be heard in some other court or before a governmental agency. As mandated ...
from 1980 to 1985.
Federal judicial service
On July 19, 1985, Fernandez was nominated by President
Ronald Reagan
Ronald Wilson Reagan ( ; February 6, 1911June 5, 2004) was an American politician, actor, and union leader who served as the 40th president of the United States from 1981 to 1989. He also served as the 33rd governor of California from 1967 ...
to a new seat on the
United States District Court for the Central District of California created by 98 Stat. 333. He was confirmed by the
United States Senate on October 16, 1985, and received his commission on October 17, 1985. His service terminated on May 24, 1989, due to elevation to the court of appeals.
Fernandez was nominated by President
George H. W. Bush
George Herbert Walker BushSince around 2000, he has been usually called George H. W. Bush, Bush Senior, Bush 41 or Bush the Elder to distinguish him from his eldest son, George W. Bush, who served as the 43rd president from 2001 to 2009; pr ...
on February 28, 1989, for elevation to a seat on the
United States Court of Appeals for the Ninth Circuit vacated by Judge
Warren John Ferguson. Fernandez was confirmed by the United States Senate on May 18, 1989, and received his commission on May 22, 1989. He assumed
senior status on June 1, 2002.
Notable cases
On February 28, 2020, Fernandez dissented when the 9th circuit ruled 2-1 that Trump's administration could not force asylum applicants to wait in Mexico while their court proceedings went on. On March 11, 2020, the Supreme Court agreed with Fernandez and permitted Trump's "Remain-in-Mexico" policy to continue.
On April 7, 2020, Fernandez dissented when the 9th circuit ruled 2–1, in an opinion by
Milan Smith, that immigrants that have been detained for 6 months or more must be given bond hearings. Fernandez argued that the mode of analysis the majority used was plainly wrong.
[https://cdn.ca9.uscourts.gov/datastore/opinions/2020/04/07/18-16465.pdf ]
See also
*
List of Hispanic/Latino American jurists
References
Sources
*
{{DEFAULTSORT:Fernandez, Ferdinand Francis
1937 births
20th-century American judges
California state court judges
Harvard Law School alumni
Hispanic and Latino American judges
Judges of the United States Court of Appeals for the Ninth Circuit
Judges of the United States District Court for the Central District of California
Living people
People from Pasadena, California
Superior court judges in the United States
United States court of appeals judges appointed by George H. W. Bush
United States district court judges appointed by Ronald Reagan
USC Gould School of Law alumni
Hispanic and Latino American lawyers