Summary
The United States District Court for the Eastern District of California recommends granting the respondent’s motion to dismiss Hector German-Reyes’s 28 U.S.C. § 2241 habeas petition as moot. The court concluded that petitioner’s release from Bureau of Prisons custody to Immigration and Customs Enforcement custody left no further relief the court could provide regarding First Step Act credits and an immigration detainer.
Holdings
- Because Respondent's motion challenged the petition before a formal answer was filed and was procedurally analogous to motions challenging exhaustion or procedural default, the court reviewed it under Rule 4 of the Rules Governing Section 2254 Cases.
- The petition was moot because Petitioner was no longer in Bureau of Prisons custody and the court could provide no further relief concerning the challenged First Step Act credit determination.
Questions Presented
- Whether Respondent could move to dismiss the § 2241 petition under Rule 4 of the Rules Governing Section 2254 Cases before filing a formal answer.
- Whether Petitioner's § 2241 challenge to the Bureau of Prisons' application of First Step Act credits became moot after his release from Bureau of Prisons custody to Immigration and Customs Enforcement custody.
Disposition
dismissed
Cases Cited (9)
- O’Bremski v. Maass, 915 F.2d 418, 420 (9th Cir. 1990)(followed)
- White v. Lewis, 874 F.2d 599, 602-03 (9th Cir. 1989)(followed)
- Hillery v. Pulley, 533 F. Supp. 1189, 1194 & n.12 (E.D. Cal. 1982)(followed)
- Iron Arrow Honor Soc’y v. Heckler, 464 U.S. 67, 70 (1983)(followed)
- N.A.A.C.P., Western Region v. City of Richmond, 743 F.2d 1346, 1352 (9th Cir. 1984)(followed)
- Murphy v. Hunt, 455 U.S. 478, 481 (1982)(followed)
- North Carolina v. Rice, 404 U.S. 244, 246 (1971) (per curiam)(followed)
- Aetna Life Ins. Co. v. Hayworth, 300 U.S. 227, 240-241 (1937)(followed)
- Wilkerson v. Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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