Opinion
Editorial Note:
This opinion appears in the Federal reporter in a table titled "Table of Decisions Without Reported Opinions". (See FI CTA9 Rule 36-3 regarding use of unpublished opinions)
Decided May 31, 1991.
Appeal from the United States District Court for the Northern District of California, No. CV-88-3472-TEH; Thelton E. Henderson, District Judge, Presiding.
N.D.Cal.
AFFIRMED.
Before HUG, KOZINSKI and LEAVY, Circuit Judges.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.R. 36-3.
George Boulos Nemer, a federal prisoner, appeals pro se the district court's sua sponte dismissal of his 28 U.S.C. § 2241 habeas corpus petition. We have jurisdiction pursuant to 28 U.S.C. § 2253, and review de novo, Jackson v. Arizona, 885 F.2d 639, 640 (9th Cir.1989). We affirm.
In 1985, Nemer was convicted of possession with intent to distribute approximately 150 grams of heroin, in violation of 21 U.S.C. § 841(a)(1) & (b)(1)(A). The INS subsequently filed a detainer action letter with prison officials, indicating that Nemer would be subject to deportation proceedings upon his release from federal incarceration. The filing of the detainer resulted in an increase in Nemer's security classification and thus rendered him ineligible to participate in community programs, prison transfers, and furloughs.
Nemer filed this habeas corpus petition seeking release on his own recognizance from INS custody, or that reasonable bail or bond be set so that the INS detainer may be lifted. Although it is not clear whether Nemer is in fact in INS custody for purposes of habeas corpus, see Guti v. INS, 908 F.2d 495, 496 (9th Cir.1990), the district court properly determined that Nemer is entitled to no relief. Nemer has no constitutional right to a particular security classification. Hernandez v. Johnston, 833 F.2d 1316, 1318 (9th Cir.1987); see Baumann v. Arizona Dept. of Corrections, 754 F.2d 841, 844 (9th Cir.1985) (no constitutional right to work furlough classification). Nor does Nemer have any constitutional right to be housed in a particular prison, Meachum v. Fano, 427 U.S. 215 (1986), or to participate in community rehabilitation and treatment programs, see Hernandez, 833 F.2d at 1318; see also Hoptowit v. Ray, 682 F.2d 1237, 1254-55 (9th Cir.1982) (no general constitutional right to rehabilitation).
To the extent Nemer requested relief under the Bail Reform Act, his claim has no merit. The Bail Reform Act applies only to persons awaiting trial, sentencing or a decision on appeal with regard to federal criminal offenses. See 18 U.S.C. §§ 3142-43. A deportation hearing is civil in nature, INS v. Lopez-Mendoza, 468 U.S. 1032, 1038 (1984); United States v. Alderete-Deras, 743 F.2d 645, 647 (9th Cir.1984). Thus, Nemer is not entitled to bail. Finally, the posting of bond pending a deportation hearing is within the discretion of the Attorney General. See 8 U.S.C. § 1251(a)(1). Thus, Nemer has no constitutional right to post bond. Therefore, the judgment of the district court is
AFFIRMED.