Luis Builes v. Warden Moshannon Valley Correc

BLD-038 NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ___________ No. 17-2639 ___________ LUIS BUILES, Appellant v. WARDEN MOSHANNON VALLEY CORRECTIONAL CENTER ____________________________________ On Appeal from the United States District Court for the Western District of Pennsylvania (D.C. Civil Action No. 3-17-cv-00023) District Judge: Honorable Kim R. Gibson ____________________________________ Submitted for a Decision on the Issuance of a Certificate of Appealability and for Possible Summary Action Pursuant to Third Circuit LAR 27.4 and I.O.P. 10.6 November 2, 2017 Before: AMBRO, RESTREPO and NYGAARD, Circuit Judges (Opinion filed: November 7, 2017) _________ OPINION* _________ PER CURIAM * This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitute binding precedent. Luis Builes appeals from an order of the United States District Court for the Western District of Pennsylvania dismissing his petition filed pursuant to 28 U.S.C. § 2241. We will grant the Appellee’s motion for summary action and summarily affirm the District Court’s judgment. See 3d Cir. LAR 27.4; I.O.P. 10.6. Builes is a citizen of Colombia who was convicted in the District of Massachusetts of drug offenses and illegal reentry. He is currently confined at the Moshannon Valley Correctional Center in Philipsburg, Pennsylvania, and asserts that he will be removed to Colombia when his sentence expires. In February 2017, Builes filed a § 2241 petition, alleging that his Equal Protection rights have been violated because his status as an alien prevents him from participating in Bureau of Prisons (BOP) programs that are available to inmates who are United States citizens. For instance, he claimed that he is not eligible for a residential drug program, a camp program, half-way house placement, or a “near home release move that would allow him to spend quality time with his wife and kid … before reentering society.” He also asserted that he is unable to work in the UNICOR program.1 A Magistrate Judge recommended summarily dismissing the petition, stating that, “[a]s a matter of law, [Builes] cannot show differential treatment based on alienage nor can he show that the BOP’s policy of distinguishing between prisoners with immigration 1 Builes also complained that his immigration status prevented him from completing his college degree. But his allegation was not directed to the BOP. Instead, he asserted that “[h]e was denied enrollment by the colleges because [of the] immigration detainer.” Therefore, this claim is not cognizable in a § 2241 petition. 2 detainers and those without immigration detainers is irrationally related to the legitimate interests of preventing those prisoners from fleeing community-based confinement.” Over Builes’ objections, the District Court adopted the Report and Recommendation, dismissed the § 2241 petition, and denied issuance of a certificate of appealability.2 Builes appealed. The Appellee has filed a motion for summary action. We have jurisdiction over the instant appeal pursuant to 28 U.S.C. § 1291, and our review of the District Court’s dismissal of Builes’ § 2241 petition is plenary. See Cradle v. U.S. ex rel. Miner, 290 F.3d 536, 538 ...

Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals