×
You have 2 more free articles available this month. Subscribe today.
Federal Prisoner Facing Deportation Has No Right to Rehabilitative Programs
Hector Jimenez, a federal prisoner facing deportation when his prison sentence was completed, filed suit in U.S. district court under 28 U.S.C. §§ 2241 and 2255, claiming that his equal protection rights were violated when prison officials denied him access to work programs, education and drug treatment opportunities and halfway house placement. A federal magistrate recommended dismissal.
The U.S. district court judge found that neither 28 U.S.C. § 2241 nor 2255 was the correct vehicle to challenge conditions of Jimenez's confinement, and that he should have sued under 42 U.S.C. § 1983. The Court also determined that Jimenez was treated similarly to other prisoners facing deportation, who also weren't allowed to participate in the programs at issue. Finally, the Court found that such programs were intended to rehabilitate prisoners who will parole to the United States for the benefit of the community, so there was a valid reason for the disparate treatment. Thus, Jimenez's lawsuit was dismissed. See: Gonzalez-Jimenez v. United States, U.S.D.C. (SD Ohio), (Oct. 9, 2007); 2007 WL 2948673.
The U.S. district court judge found that neither 28 U.S.C. § 2241 nor 2255 was the correct vehicle to challenge conditions of Jimenez's confinement, and that he should have sued under 42 U.S.C. § 1983. The Court also determined that Jimenez was treated similarly to other prisoners facing deportation, who also weren't allowed to participate in the programs at issue. Finally, the Court found that such programs were intended to rehabilitate prisoners who will parole to the United States for the benefit of the community, so there was a valid reason for the disparate treatment. Thus, Jimenez's lawsuit was dismissed. See: Gonzalez-Jimenez v. United States, U.S.D.C. (SD Ohio), (Oct. 9, 2007); 2007 WL 2948673.
As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
Related legal case
Gonzalez-Jimenez v. United States
| Year | 2007 |
|---|---|
| Cite | USDC (SD Ohio), (Oct. 9, 2007); 2007 WL 2948673 |
| Level | District Court |
| Injunction Status | N/A |