28 C.F.R. § 544.40
Purpose and scope
Pursuant to the Crime Control Act of 1990 (18 U.S.C. 3624(f)), limited English proficient inmates confined in Federal Bureau of Prisons institutions are required to attend an English-as-a-Second Language (ESL) program until they function at the equivalence of the eighth grade level in competency skills. Waivers to this requirement may be granted by the Warden in accordance with §§ 544.41 and 544.42.
Notes of Decisions
Cited in 3
cases, 2010–2011 · leading case: United States v. Tristan-Madrigal, 601 F.3d 629 (6th Cir. 2010).
United States v. Tristan-Madrigal, 601 F.3d 629 (6th Cir. 2010). “16, 2009) [hereinafter BOP Program Statement], And although “limited English proficient inmates” are obligated to attend English as a Second Language courses to gain sufficient English competency to participate in the drug program, 28 C.F.R. § 544.40 , “[sentenced aliens with a…”
Santiago-Lebron v. Florida Parole Comm'n, 767 F. Supp. 2d 1340 (S.D. Fla. 2011). “This section correlates with the BOP’s mandatory English-As-A-Second Language Program (“ESL”), which limited English proficient inmates are required to attend “until they function at the equivalence of the eighth grade level in competency skills.”
United States v. Sergio Tristan-Madrigal (6th Cir. 2010). “And although “limited English proficient inmates” are obligated to attend English as a Second Language courses to gain sufficient English competency to participate in the drug program, 28 C.F.R. § 544.40 , “[s]entenced aliens with a deportation detainer” appear to be exempt, if…”
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