He was a judge of the San Bernardino County State Superior Court of California from 1980 to 1985.
[2] Fernandez was nominated by President George H. W. Bush 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.
[3][2] 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.
[4][5] On March 11, 2020, the Supreme Court agreed with Fernandez and permitted Trump's "Remain-in-Mexico" policy to continue.
[6] 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.