Abramian v. Taylor

Summary

The United States District Court for the Eastern District of California recommends granting the respondent’s motion to dismiss and dismissing Arno Abramian’s first amended habeas petition under 28 U.S.C. § 2241. The court concludes that Abramian is ineligible to apply First Step Act earned time credits because he is subject to a final order of removal, and excuses administrative exhaustion as futile.

Holdings

1. A prisoner who is the subject of a final order of removal under the immigration laws is ineligible to apply First Step Act earned time credits toward prerelease custody or supervised release under 18 U.S.C. § 3632(d)(4)(E)(i).
2. Whether a removal order can presently be effectuated is distinct from whether the prisoner is the subject of a final order of removal under 18 U.S.C. § 3632(d)(4)(E)(i).
3. Exhaustion of administrative remedies should be excused because pursuing administrative remedies would be futile where Respondent had determined that Abramian was jurisdictionally and statutorily barred from receiving First Step Act earned time credits.

Questions Presented

1. Whether a federal prisoner who is the subject of a final order of removal is ineligible to apply First Step Act earned time credits under 18 U.S.C. § 3632(d)(4)(E)(i).
2. Whether the court should excuse exhaustion of administrative remedies for a § 2241 petition when pursuing those remedies would be futile.
3. Whether the existence of a final order of removal depends on whether the order can presently be effectuated.

Disposition

other