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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
- Prisoners in Texas Jail Providing Less Slave Labor
- Book Review: Against Their Will: The Secret History of Medical Experimentation on Children in Cold War America, by Christopher Zoukis
- 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
- Ninth Circuit: Adam Walsh Detention Doesn’t Toll Term of Supervised Release, by Derek Gilna
- Four West Virginia Officials, including Circuit Court Judge, Face Federal Charges, by Christopher Zoukis
- U.S. Department of Justice Reports Statistics on State Prosecutors, by Matthew Clarke
- Eighth Circuit Upholds North Dakota Transient’s Failure-to-Register Conviction
- California: Enhanced Presentence Conduct Credits Not Available to Defendants Who Committed Crimes Before Statute’s Effective Date
- California: State Not Liable for Failure to Provide Needed Treatment so Long as Medical Care is Summoned
- Philippines Prison Suspends Thriller Dancers
- ICE Directive May Limit Solitary Confinement of Immigrant Detainees, by Derek Gilna
- Denial of Contraceptive Pill to Prisoner States Cause of Action
- Montana Jail Fresh Air/Exercise Lawsuit Certified as Class Action, Then Settles
- Anonymous PREA Hotlines Not So Anonymous
- 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:
- Fifth Circuit Kills Louisiana Prison Medical and Mental Health Care Reform, July 1, 2026. Medical, Conditions of Confinement, PLRA, Immunity/Liability, Mental Health.
- $25,000 Paid to Former New York Jail Detainee Subjected to Delayed Healthcare and Denied Mental Healthcare— Despite Seven Suicide Attempts, July 1, 2026. Failure to Treat, Conditions of Confinement, Mental Health, 42 U.S. Code § 1983, civil action for deprivation of rights, Deliberate Indifference.
- Eighth Circuit Dismisses Federal Prisoner’s Challenge to BOP Denying His Request for Expedited Transfer to Prerelease Custody, June 1, 2026. Release and Reentry, Habeas Corpus, First Step Act, Community Confinement/Home Detention, Credits.
- Wisconsin’s Incarcerated Population Has More Access to Opioid Treatment, But Still Missing in Eight County Jails, April 1, 2026. Medication, Drug/Alcohol Withdrawal, Drug Treatment/Rehab, Health care.
- Sixth Circuit Announces State-Law Exceptions to Appeal Deadlines Preserve “Pending” Status Under AEDPA, Holding Belated-Appeal Procedures Toll Federal Habeas Limitations Period, April 1, 2026. Limitations, Habeas Corpus, AEDPA, Appealable Issues/Orders, Failure to Address/Advise Defendant.
- Six Years of the First Step Act: Federal Prison Data Reveal Treatment Gains, Persistent Disparities, and Unanswered Questions, April 1, 2026. Racial Discrimination, Systemic Medical Neglect, First Step Act, Drug Treatment/Rehab, Confinement in Segregated Housing.
- SCOTUS Sides with Federal Prisoner in Habeas Review Case, March 1, 2026. Habeas Corpus, AEDPA, Mandatory Minimum Sentence, Statutory Construction/Interpretation, Predicate Acts/Offenses.
- Texas State Jails Fail: Institutions Conceived as Safe Spots for Rehabilitation After Minor Drug Convictions Now Flooded With Drugs and Major Felons, March 1, 2026. Drug Overdose, Staffing, Rehabilitation/Recidivism, Good Time, Drug Treatment/Rehab.
- Minnesota Study Shows Disproportionate Rate of Health and Mental Problems for Recently Incarcerated, March 1, 2026. Racial Discrimination, Medical, Statistics/Trends, Mental Health, Health care.
- Number of Narcan Doses Raises Drug Concerns at New Jersey Prisons, March 1, 2026. Drug Overdose, Mail Regulations, Drug Treatment/Rehab, Administrative Detention/Segregation.