Gallegos-Hernandez v. United States, No. 10-50943 (5th Cir. 2012)
Annotate this CasePetitioner, an alien with a detainer placed against him, challenged the denial of his 28 U.S.C. 2241 petition seeking the benefit of drug-rehabilitation programs and halfway house placement. The district court dismissed the action for lack of subject-matter jurisdiction under section 2241 on grounds that the asserted claims should have been brought under 42 U.S.C. 1983. In the alternative, the district court held the case should be dismissed because Defendant failed to exhaust his administrative remedies. Finally, the court alternatively held, with respect to the merits, that Defendant had failed to state a claim for the denial of any constitutional right. The Fifth Circuit Court of Appeals held that the district court (1) erred in its conclusion that it lacked subject-matter jurisdiction under section 4421; (2) erred in dismissing the complaint for Petitioner's failure to exhaust his administrative remedies; but (3) correctly dismissed Petitioner's petition on the merits for failure to state a claim for the denial of any constitutional right, as Defendant failed to establish a denial of his due-process or equal-protection rights.
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