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Fifth Circuit: No Right to RDAP for Non-citizen Federal Prisoner
Loaded on Nov. 15, 2013
published in Prison Legal News
November, 2013, page 53
The Fifth Circuit Court of Appeals held last year that a non-citizen federal prisoner had no constitutional right to participate in a substance abuse rehabilitation program that could reduce his sentence by up to a year.Ricardo Gallegos-Hernandez, a federal prisoner and Mexican national who had an Immigration and Customs ...
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More from this issue:
- The Too-Many Prisoners Dilemma, by Dan Froomkin
- From the Editor, by Paul Wright
- Texas Judges Rarely Disciplined, Seldom Publicly, by Matthew Clarke
- Habeas Hints: Staring Down the Two-Headed Monster: Richter-Pinholster, by Kent A. Russell
- The Real Costs of Incarceration in the United States
- Attorney Fees Not Exempt from Disclosure Under California Public Records Act
- PLN Files Censorship Suit Against Nevada DOC
- Traumatic Brain Injury Rate High Among Prisoners, by Matthew Clarke
- Debtors' Prisons Returning to America, by David Reutter
- Hell on Earth: Sexual Victimization of the Criminally Insane, by David Rosen
- China Vows to Finance Incarceration with Public Funds, Not Prison Profits
- Oregon Considers Subsidizing Prison Medical Costs Through Medicaid
- PLN Challenges Postcard-only Policy at Tennessee Jail
- Federal Justice Grants Favor Prosecution, Law Enforcement Over Indigent Defense
- Texas Prison Population Drops but Savings Evaporate, by Matthew Clarke
- Federal Prisoners Paid During Government Shutdown, but Not Prison Guards, by Derek Gilna
- Minnesota Judge Condemns System that Jails Mentally Ill
- GEO Group Pulls out of Mississippi Prisons, by David Reutter
- Gun Found in Segregation Cell at Privately-operated Mississippi Prison
- New York City Jail Chaplain Fined for Accepting Bribe, Pleads Guilty to Fraud Charges
- New Exonerations Registry Catalogs Over 2,400 Wrongful Convictions
- New Hampshire Supreme Court Revives Prisoner's Negligence Action
- Book Review: Against Their Will: The Secret History of Medical Experimentation on Children in Cold War America, by Christopher Zoukis
- Prisoners in Texas Jail Providing Less Slave Labor
- Second Circuit: Bankruptcy Automatic Stay is No Excuse for Non-payment of Restitution, by Derek Gilna
- Third Circuit Reverses More Stringent Conditions of Supervised Release, by Derek Gilna
- Best Criminal Defense Pleading Ever!, by Alex Friedmann
- Connecticut Supreme Court Reverses FOIA Disclosure of NCIC Printout
- California: No-Gang-Contact Probation Condition Struck Down
- Four West Virginia Officials, including Circuit Court Judge, Face Federal Charges, by Christopher Zoukis
- Ninth Circuit: Adam Walsh Detention Doesn’t Toll Term of Supervised Release, by Derek Gilna
- Eighth Circuit Upholds North Dakota Transient’s Failure-to-Register Conviction
- U.S. Department of Justice Reports Statistics on State Prosecutors, by Matthew Clarke
- California: Enhanced Presentence Conduct Credits Not Available to Defendants Who Committed Crimes Before Statute’s Effective Date
- Philippines Prison Suspends Thriller Dancers
- California: State Not Liable for Failure to Provide Needed Treatment so Long as Medical Care is Summoned
- ICE Directive May Limit Solitary Confinement of Immigrant Detainees, by Derek Gilna
- Denial of Contraceptive Pill to Prisoner States Cause of Action
- Anonymous PREA Hotlines Not So Anonymous
- Montana Jail Fresh Air/Exercise Lawsuit Certified as Class Action, Then Settles
- D.C. Circuit Clears Terrorism Suspect after 11-Year Ordeal, by Derek Gilna
- Audit Reveals Federal Prison Industries Faces Declining Revenue, Job Losses, by Derek Gilna
- Fifth Circuit: No Right to RDAP for Non-citizen Federal Prisoner
- Prison Sentence Imposed for Sole Purpose of Drug Treatment Vacated by Eighth Circuit, by Derek Gilna
- Court Baffled by BOP's Steel-toe Boot Requirement for Prisoners, by Derek Gilna
- News in Brief
More from these topics:
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- On Remand, Eleventh Circuit Clarifies, Affirms Grant of Habeas Relief to Death Row Prisoner, Aug. 1, 2025. Habeas Corpus, Death Penalty, Death Row.
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- News in Brief, Aug. 1, 2025. Assault by Police, Misconduct/Corruption, Guard Misconduct, Police Misconduct, Stun Guns/Tasers, Immigration, False Arrest, Evidence - Integrity/Reliability of.
- Fifth Circuit Announces When Initial § 2255 Petition Not Decided on Merits and Appeals Court Later Recalls Mandate Dismissing Direct Appeal and Affirms Conviction, Subsequent § 2255 Petition Not ‘Second or Successive’ Under AEDPA, Aug. 1, 2025. Habeas Corpus, AEDPA.
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- Wisconsin Robbery Suspect Frames Immigrant Detainee with Forged Letters Threatening to Kill Trump, July 15, 2025. Immigration, Fraud and Deceit.
- Massachusetts High Schooler Detained by ICE Caught in “Collateral Arrest”, July 15, 2025. Arrest and Booking, Immigration, Arrest Warrants.
- DHS Removed Sanctuary Cities List After Complaint from Sheriff’s Association, July 15, 2025. Immigration, Enforcement of Immigration Laws, Asylum.

