Marina Garcia Marmolejo (born 1971) is a

United States district judge The United States district courts are the trial courts of the United States federal judiciary, U.S. federal judiciary. There is one district court for each United States federal judicial district, federal judicial district, which each cover o ...

of the

United States District Court for the Southern District of Texas The United States District Court for the Southern District of Texas (in case citations, S.D. Tex.) is the federal district court with jurisdiction over the southeastern part of Texas. The court's headquarters is in Houston, Texas and has six ad ...

Early life and education

Garcia Marmolejo was born in

Nuevo Laredo Nuevo Laredo () is a city in the Municipality of Nuevo Laredo in the Mexican state of Tamaulipas. The city lies on the banks of the Rio Grande, across from Laredo, United States. The 2010 census population of the city was 373,725. Nuevo Lare ...

Tamaulipas Tamaulipas (), officially the Free and Sovereign State of Tamaulipas ( es, Estado Libre y Soberano de Tamaulipas), is a state in the northeast region of Mexico; one of the 31 states which, along with Mexico City, comprise the 32 Federal Entiti ...

Mexico Mexico (Spanish: México), officially the United Mexican States, is a country in the southern portion of North America. It is bordered to the north by the United States; to the south and west by the Pacific Ocean; to the southeast by Guatema ...

and is a

naturalized United States citizen Citizenship of the United States is a legal status that entails Americans with specific rights, duties, protections, and benefits in the United States. It serves as a foundation of fundamental rights derived from and protected by the Constituti ...

.Ex-prosecutor nominated for south Texas judge
''

Associated Press The Associated Press (AP) is an American non-profit news agency headquartered in New York City. Founded in 1846, it operates as a cooperative, unincorporated association. It produces news reports that are distributed to its members, U.S. newspa ...

'' (July 28, 2010). She received a

Bachelor of Arts Bachelor of arts (BA or AB; from the Latin ', ', or ') is a bachelor's degree awarded for an undergraduate program in the arts, or, in some cases, other disciplines. A Bachelor of Arts degree course is generally completed in three or four years ...

degree from the

University of the Incarnate Word The University of the Incarnate Word (UIW) is a private, Catholic university with its main campus in San Antonio and Alamo Heights, Texas. Founded in 1881 by the Sisters of Charity of the Incarnate Word, the university's main campus is located o ...

in 1992.President Obama Names Marina Marmolejo to the United States District Court
, ''

whitehouse.gov whitehouse.gov (also simply known as wh.gov) is the official website of the White House and is managed by the Office of Digital Strategy. It was launched on July 29, 1994 by the Clinton administration. The content of the website is in the ...

'' (July 28, 2010). In 1993, Garcia Marmolejo served as a substitute teacher in the United Independent School District in

Laredo, Texas Laredo ( ; ) is a city in and the county seat of Webb County, Texas, United States, on the north bank of the Rio Grande in South Texas, across from Nuevo Laredo, Tamaulipas, Mexico. Laredo has the distinction of flying seven flags (the flag of t ...

. From 1993 to 1996, she worked as a

research assistant A research assistant (RA) is a researcher employed, often on a temporary contract, by a university, a research institute or a privately held organization, for the purpose of assisting in academic or private research. Research assistants are not in ...

to Professor Raul M. Sanchez at

St. Mary's University School of Law St. Mary's University School of Law is one of the professional graduate schools of St. Mary's University, a private Catholic university located in San Antonio, Texas. Academics The School of Law has an enrollment of about 770 students, pursu ...

, where she also worked as a Property tutor and a student attorney at the Criminal Justice Clinic. She then attended St. Mary's University in

San Antonio, Texas ("Cradle of Freedom") , image_map = , mapsize = 220px , map_caption = Interactive map of San Antonio , subdivision_type = Country , subdivision_name = United States , subdivision_type1= State , subdivision_name1 = Texas , subdivision_t ...

, where she earned a

Master of Arts A Master of Arts ( la, Magister Artium or ''Artium Magister''; abbreviated MA, M.A., AM, or A.M.) is the holder of a master's degree awarded by universities in many countries. The degree is usually contrasted with that of Master of Science. Tho ...

degree and her

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 ...

, both in 1996. In 2020, Garcia Marmolejo earned her

Master of Laws A Master of Laws (M.L. or LL.M.; Latin: ' or ') is an advanced postgraduate academic degree, pursued by those either holding an undergraduate academic law degree, a professional law degree, or an undergraduate degree in a related subject. In mos ...

in Judicial Studies from

Duke University School of Law Duke University School of Law (Duke Law School or Duke Law) is the law school of Duke University, a private research university in Durham, North Carolina. One of Duke's 10 schools and colleges, the School of Law is a constituent academic unit th ...

. Her LL.M. thesis, ''Jack of All Trades, Masters of None: Giving Jurors the Tools They Need to Reach the Right Verdict'', was selected for publication in the George Mason Law Review.

Career

Before becoming a federal judge, Garcia Marmolejo began her legal career as an Assistant Federal Public Defender. From 1996 to 1998, served as a federal defender in the

Western District of Texas The United States District Court for the Western District of Texas (in case citations, W.D. Tex.) is a federal district court. The court convenes in San Antonio with divisions in Austin, Del Rio, El Paso, Midland, Pecos, and Waco. It has ju ...

, and from 1998 to 1999, she served as a federal defender in the

Southern District of Texas The United States District Court for the Southern District of Texas (in case citations, S.D. Tex.) is the federal district court with jurisdiction over the southeastern part of Texas. The court's headquarters is in Houston, Texas and has six a ...

. She earned the highest performance evaluation each year. In 1999, she served as an

assistant United States attorney An assistant United States attorney (AUSA) is an official career civil service position in the U.S. Department of Justice composed of lawyers working under the U.S. Attorney of each U.S. federal judicial district. They represent the federal gove ...

for the Southern District of Texas. For her prosecutorial work, Garcia Marmolejo received awards from the

Department of Homeland Security The United States Department of Homeland Security (DHS) is the U.S. federal executive department responsible for public security, roughly comparable to the interior or home ministries of other countries. Its stated missions involve anti-terr ...

Drug Enforcement Administration The Drug Enforcement Administration (DEA; ) is a Federal law enforcement in the United States, United States federal law enforcement agency under the U.S. Department of Justice tasked with combating drug trafficking and distribution within th ...

Federal Bureau of Investigation The Federal Bureau of Investigation (FBI) is the domestic intelligence and security service of the United States and its principal federal law enforcement agency. Operating under the jurisdiction of the United States Department of Justice, ...

, and

Immigration and Customs Enforcement The U.S. Immigration and Customs Enforcement (ICE) is a federal law enforcement agency under the U.S. Department of Homeland Security. ICE's stated mission is to protect the United States from the cross-border crime and illegal immigration tha ...

. As a federal public defender and federal prosecutor, Garcia Marmolejo tried over 30 cases to verdict. In 2007, she moved into private practice and helped open the

San Antonio ("Cradle of Freedom") , image_map = , mapsize = 220px , map_caption = Interactive map of San Antonio , subdivision_type = Country , subdivision_name = United States , subdivision_type1= U.S. state, State , subdivision_name1 = Texas , s ...

office of Thompson & Knight, where she served as Of Counsel. In 2009, Marmolejo was hired to be a

partner Partner, Partners, The Partner, or, The Partners may refer to: Books * ''The Partner'' (Grisham novel), by John Grisham, 1997 * ''The Partner'' (Jenaro Prieto novel), 1928 * ''The Partners'' (book), a 1983 book by James B. Stewart * ''Partner'' (m ...

with the law firm of Reid Collins Tsai LLP in their

Austin Austin is the capital city of the U.S. state of Texas, as well as the seat and largest city of Travis County, with portions extending into Hays and Williamson counties. Incorporated on December 27, 1839, it is the 11th-most-populous city ...

office.

Federal judicial service

During the

111th Congress The 111th United States Congress was a meeting of the legislative branch of the United States federal government from January 3, 2009, until January 3, 2011. It began during the last weeks of the George W. Bush administration, with th ...

, Democrats from the Texas House delegation and Republican

U.S. Senator The United States Senate is the upper chamber of the United States Congress, with the House of Representatives being the lower chamber. Together they compose the national bicameral legislature of the United States. The composition and powe ...

John Cornyn John Cornyn III ( ; born February 2, 1952) is an American politician and attorney serving as the senior United States senator from Texas, a seat he has held since 2002. A member of the Republican Party, he served as the Senate majority whip for ...

and

Kay Bailey Hutchison Kay Bailey Hutchison (born Kathryn Ann Bailey; July 22, 1943) is an American attorney, television correspondent, politician, diplomat, and was the 22nd United States Permanent Representative to NATO from 2017 until 2021. A member of the Republi ...

agreed to recommend Marmolejo for a Laredo vacancy on the Southern District of Texas.Gary Martin
Obama names Laredo lawyer to federal judge post
''

Houston Chronicle The ''Houston Chronicle'' is the largest daily newspaper in Houston, Texas, United States. , it is the third-largest newspaper by Sunday circulation in the United States, behind only ''The New York Times'' and the ''Los Angeles Times''. With it ...

'' (July 28, 2010).Gary Martin
Texas Dems criticize Obama on slow judicial appointments
''

'' (May 3, 2010). On July 28, 2010, President

Barack Obama Barack Hussein Obama II ( ; born August 4, 1961) is an American politician who served as the 44th president of the United States from 2009 to 2017. A member of the Democratic Party, Obama was the first African-American president of the U ...

nominated Marmolejo to replace

Samuel B. Kent Samuel B. Kent (born June 22, 1949) is a former United States district judge of the United States District Court for the Southern District of Texas, whose term ended in resignation in 2009 following charges of sexual abuse. Kent served in the si ...

. The Senate confirmed Marmolejo by

unanimous consent In parliamentary procedure, unanimous consent, also known as general consent, or in the case of the parliaments under the Westminster system, leave of the house (or leave of the senate), is a situation in which no member present objects to a prop ...

on October 3, 2011, and she received her judicial commission on October 4, 2011. Since taking the bench, Garcia Marmolejo has heard over 12,000 cases, presided over nearly 100 trials, and maintained a reversal rate of less than 1%. Notably, Garcia Marmolejo is credited with being the first jurist to conclude that after the First Step Act of 2018, a judge has the discretion to look beyond the U.S. Sentencing Commission's policy statements to determine what constitutes an "extraordinary and compelling" circumstance to justify compassionate release. According to the legal database Westlaw, more than 450 cases have cited her opinion on this issue. In 2022, she became a Jurist in Residence at her alma mater, St. Mary's University School of Law. She also founded St. Mary's clerkship mentorship program.

Consideration for Fifth Circuit

Marmolejo had been considered a candidate for a vacancy on the

United States Court of Appeals for the Fifth Circuit The United States Court of Appeals for the Fifth Circuit (in case citations, 5th Cir.) is a federal court with appellate jurisdiction over the district courts in the following federal judicial districts: * Eastern District of Louisiana * M ...

, along with District Judge

Xavier Rodriguez Xavier Rodriguez (born September 20, 1961) is an American attorney and jurist serving as a United States district judge of the United States District Court for the Western District of Texas. Rodriguez was previously an associate justice of the T ...

References

External links