Herrera v. United States of America Bureau of Prisons et al

Filing 18

ORDER ADOPTING the Magistrate Judge's 12 Report and Recommendation. Herrerra's petition for writ of habeas corpus, filed pursuant to 28 U.S.C. 2241 is DENIED. The Clerk of Court is directed to enter the appropriate judgment of dismissal. Signed by Chief Judge Lisa G. Wood on 10/7/2013. (csr)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
WAYCROSS DIVISION

JESUS GARCIA HERRERA,
Petitioner,
N

vs.

:

CIVIL ACTION NO.: CV513-031

T. JOHNS, Warden, and UNITED
STATES OF AMERICA BUREAU
OF PRISONS,
Respondents.

ORDER
After an independent and de novo review of the entire record, the undersigned
concurs with the Magistrate Judge's Report and Recommendation, to which Petitioner
Jesus Herrera ("Herrera") filed Objections. In his Objections, Herrera states that he is a
permanent resident of the United States, and his immigration status will not be changed
until he appears before an immigration judge. Herrera contends that the Bureau of
Prisons ("BOP") violated his constitutional rights.
As the Magistrate Judge noted, the BOP has broad discretion to choose where
an inmate will be incarcerated, and in using that broad discretion, the BOP determined
that Herrera will not be transferred for nearer release because he has an Immigration
and Customs Enforcement (ICE") detainer lodged against him. The BOP relied on
Program Statement 5100.08 in making the determination that Herrera will not be

AO 72A
(Rev. 8/82)

transferred for nearer release. Herrera has not shown that the BOP abused its
discretion. Additionally, Herrera has not shown that he has been discriminated against
based on a constitutionally protected status or that any similiarly situated inmates were
treated differently than he was.
Herrera's Objections are overruled.

The Magistrate Judge's Report and

Recommendation is adopted as the opinion of the Court. Herrerra's petitioner for writ of
habeas corpus, filed pursuant to 28 U.S.C. § 2241, is DENIED. The Clerk of Court is
directed to enter the appropriate judgment ofdi missal.
SO ORDERED, this

-2013.

day of

LISA GODBEY WOOD, CHIEF JUDGE
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA

2
AO 72A
(Rev. 8182)