Summary
This Second Circuit per curiam opinion affirms the dismissal of a pro se prisoner’s challenge to a provision of the First Step Act that denies good time credits to noncitizen prisoners subject to a final order of removal. The court held that the statutory distinction does not trigger heightened scrutiny under equal protection principles and does not create a protected liberty or property interest for due process purposes. Additionally, the court found no basis for an Administrative Procedure Act claim due to the absence of alleged unlawful agency action.
Topics
Practice areas
Questions Presented
- Whether the distinction in 18 U.S.C. §3632(d)(4)(E)(i) triggers heightened scrutiny under the Equal Protection Clause.
- Whether the provision survives rational‑basis review.
- Whether Cheng has a protected statutory interest in good‑time credits for a due‑process claim.
- Whether Cheng's APA claim is viable.
Holdings
- The distinction does not trigger heightened scrutiny; rational‑basis review applies.
- The provision survives rational‑basis review.
- Cheng does not have a protected statutory interest; the due‑process claim fails.
- The APA claim fails because Cheng did not allege any unlawful agency action.
Key quotations
“Neither the distinction the statute draws between citizens and noncitizens nor the establishment of different classes of noncitizens triggers heightened scrutiny.” (at 655)
“In the absence of heightened scrutiny, a statutory classification must be upheld against equal protection challenge if there is any reasonably conceivable state of facts that could provide a rational basis for the classification.” (at 655)
Factual background
Sheng-Wen Cheng, a Taiwanese national, pleaded guilty to fraud involving COVID‑19 relief funds and was sentenced to 72 months imprisonment with an order of removal to Taiwan. He challenged a provision of the First Step Act that bars prisoners with a final removal order from receiving good‑time credits.
Procedural history
The district court granted Cheng's motion to dismiss his equal protection, due process, and APA claims. Cheng appealed the dismissal to the Second Circuit.