Summary
This memorandum orders the dismissal of a federal prisoner’s habeas corpus petition filed under 28 U.S.C. § 2241 seeking transfer to home confinement or a Residential Re-Entry Center under the Second Chance Act. The court found that the petitioner failed to exhaust available administrative remedies through the Bureau of Prisons’ internal grievance system. Although the petitioner argued that exhaustion would be futile due to his approaching release date, the court rejected this argument and dismissed the petition without prejudice.
Topics
Practice areas
Questions Presented
- Whether a petitioner must exhaust BOP administrative remedies before filing a habeas corpus petition under 28 U.S.C. § 2241.
- Whether the exhaustion requirement can be excused as futile when the petitioner’s projected release date is imminent.
Holdings
- The petition is dismissed for failure to exhaust administrative remedies; exhaustion is required.
- The exhaustion requirement cannot be excused on the ground of futility or imminent release; the petition is dismissed.
Key quotations
“Consistent with the foregoing, the court will dismiss the petition for writ of habeas corpus without prejudice for failure to exhaust administrative remedies.” (at 98 F.3d at 762)
Factual background
Idowu Raji is a federal inmate serving a 94‑month sentence with a projected release date of October 12, 2026. He filed a habeas petition seeking transfer to home confinement but had not completed the Bureau of Prisons' administrative grievance process, having only appealed to the general counsel on August 5, 2025.
Procedural history
Petitioner Idowu Raji filed a habeas petition alleging entitlement to transfer to home confinement under the Second Chance Act. The district court dismissed the petition without prejudice for failure to exhaust required BOP administrative remedies.