Summary
This district court order grants a prisoner's motion for a temporary restraining order to transfer him back to prerelease custody after he was returned to prison due to an unresolved immigration detainer. The court concludes it has subject matter jurisdiction over the habeas petition, waives administrative exhaustion due to irreparable harm, and holds that the Bureau of Prisons violated the First Step Act by denying the petitioner's earned time credits based on his immigration status rather than a final order of removal.
Topics
Practice areas
Questions Presented
- Whether the district court has subject‑matter jurisdiction over the TRO because relief would lead to an earlier release from confinement.
- Whether 18 U.S.C. §3632(d)(4)(C) imposes a mandatory duty on the Bureau of Prisons to apply earned time credits to prerelease custody, thereby entitling Martin to such relief.
- Whether the exhaustion of administrative remedies requirement should be waived in this circumstance.
Holdings
- The court has subject‑matter jurisdiction over the petition because success on the claim would result in an earlier release from confinement, which falls within the core of habeas corpus.
- Section 3632(d)(4)(C) uses mandatory language (“shall”) and therefore requires the Bureau of Prisons to apply earned credits to prerelease custody or supervised release; the director may choose the form of custody but cannot deny the credit altogether.
- The court waives the exhaustion requirement because administrative remedies would be futile and the petitioner would suffer irreparable harm if denied relief.
Key quotations
“For the foregoing reasons, IT IS HEREBY ORDERED that: 1. Petitioner’s Motion for Temporary Restraining Order (ECF No. 6) is GRANTED; A. Respondents are ordered to transfer Mr. Dumitru Martin back into prerelease custody.” (at 12‑13)
Factual background
Martin was sentenced to 156 months, earned Good Conduct Time and First Step Act earned time credits, was transferred to home confinement, then arrested after an immigration detainer was discovered and returned to custody. He seeks release to prerelease custody.
Remand instructions
Respondents are ordered to transfer Martin back into prerelease custody and are enjoined from removing him based on his immigration status; the TRO expires March 21, 2025 unless further order.