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Saturday, June 05, 2004

The Salt Lake Tribune -- Judge rules immigrant inmate can be barred from drug-treatment program

The Salt Lake Tribune -- Judge rules immigrant inmate can be barred from drug-treatment program




As an undocumented immigrant who sneaked into the United States at least four times, Antonio Hernandez-Ibarra is ineligible for a prison drug-treatment program that could shave a year off his time behind bars.
So the Mexican national, claiming the federal prison policy discriminates against noncitizens, asked a judge for a break.
But U.S. District Judge Dee Benson, who imposed a 46-month sentence on Hernandez-Ibarra in February for re-entry of a deported alien and ordered him deported at the completion of the term, said Thursday that the policy barring the inmate from the treatment program -- as well as regulations against placing him in a minimum-security prison or being released to a community correction center -- are valid.
Hernandez-Ibarra, 30, has several felony drug offenses and four illegal entries on his record. He is serving his sentence in the California City Correctional Center.
-- Pamela Manson

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