RONEN SHIMONI V. N.J. DEPARTMENT OF CORRECTIONS
A-1408-08T1 03-05-10
Denial by the Commissioner of Corrections of an inmate's
application to serve the remainder of his sentence in the
country of his citizenship is not subject to the usual standard
of judicial review, i.e. whether it was arbitrary, capricious or
unreasonable. Considering that inmates have no constitutionally
protected liberty interest in an international transfer and
given the broad powers statutorily invested in the Commissioner,
denial of such an application will not be reversed absent proof
that it was made with malicious intent or on a constitutionally
impermissible basis, such as race, religion, or national origin.
