(a) An inmate or detainee may be considered for assignment with FPI unless the inmate is a pretrial inmate or is currently under an order of deportation, exclusion, or removal. However, an inmate or detainee who is currently under an order of deportation, exclusion, or removal may be considered for assignment with FPI if the Attorney General has determined that the inmate or detainee cannot be removed from the United States because the designated country of removal will not accept his/her return. Any request by an inmate for consideration must be made through the unit team. FPI does not discriminate on the bases of race, color, religion, ethnic origin, age, or disability.
(b) The SOI ordinarily makes assignments based on the recommendation of the unit team.
(1) New workers are ordinarily assigned at pay grade five. All first-time inmate workers shall enter at pay grade five and may be required to successfully complete a course in pre-industrial training or on-the-job training (as available) before promotion to pay grade four.
(2) An inmate who has not successfully completed pre-industrial or on-the-job training remains at pay grade five for at least 30 days.
(3) An inmate hired after having resigned voluntarily from FPI may be excused from pre-industrial training and may be hired at a pay grade based on previous training and experience.
[60 FR 15827, Mar. 27, 1995, as amended at 64 FR 32169, June 15, 1999]
Notes of Decisions
United States v. Jose Pacheco-Alvarado, 782 F.3d 213 (5th Cir. 2015).
· cites it 2× “Second, with regard to his earning potential while subject to supervised release, de la Cruz argues that as a previously deported illegal alien with aggravated felony convictions who is currently under an order of removal, it is 35 “An inmate or detainee may be considered for…”
Builes v. Warden Moshannon Valley Corr. Ctr., 712 F. App'x 132 (3rd Cir. 2017).
“3 28 C.F.R. § 345.35 (a). We agree that Builes has failed to show that these policies result in aliens as a group being treated differently from others based on their membership in a class of alien prisoners.”
United States v. Palma-Guillen, 75 F. App'x 940 (5th Cir. 2003).
· cites it 2× “See 28 C.F.R. § 345.35 (a) (“An inmate or detainee may be considered for assignment with FPI [Federal Prison Industries] unless the inmate .”
United States v. Lopez-Flores, 70 F. App'x 236 (5th Cir. 2003).
· cites it 2× “Lopez argues that 28 C.F.R. § 345.35 (a) prohibits deportable aliens from placement in Federal Prison Industries (“FPI”) jobs.”
United States v. Chavez-Vasquez, 70 F. App'x 230 (5th Cir. 2003).
“Because Chavez does not argue and has not demonstrated that he is “currently under an order of deportation, exclusion, or removal,” he has not shown that he in ineligible for an FPI job assignment under 28 C.F.R. § 345.35 (a). The district court’s determination that Chavez has…”
United States v. Gonzales, 202 F. App'x 748 (5th Cir. 2006).
“28 C.F.R. § 345.35 (a). But Riojas has been unable to produce any evidence of a presently outstanding order of deportation.”
United States v. Jesus Arreola-Ariza, 573 F. App'x 230 (3rd Cir. 2014).
“28 C.F.R. § 345.35 (a). He argues, therefore, that the District Court’s statements show that his $1,000 fine was based on a clearly erroneous factual conclusion about the effect that the fine would have on his ability to receive vocational training while in prison, and urges us…”
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