Onebunne v. Warden, FCI Mendota

Summary

The United States District Court for the Eastern District of California adopted findings and recommendations recommending dismissal of Ugochukwu L. Onebunne’s 28 U.S.C. § 2241 petition. The court held that, because the petitioner was subject to a final order of removal, the First Step Act barred him from applying earned time credits toward release, and it dismissed the petition with prejudice.

Holdings

1. An inmate subject to a final order of removal is expressly ineligible under 18 U.S.C. § 3632(d)(4)(E)(i) to receive earned time credits to reduce the length of incarceration. Because petitioner was subject to such an order, he was not entitled to the requested habeas relief.
2. A certificate of appealability is not required for an appeal from an order denying a § 2241 petition when the detention complained of does not arise from process issued by a state court.

Questions Presented

1. Whether a federal prisoner subject to a final order of removal is eligible to receive First Step Act earned time credits to reduce the length of incarceration.
2. Whether the petition should be dismissed after the district court adopted the magistrate judge's findings and recommendations.
3. Whether a certificate of appealability is required for an appeal from the denial of a § 2241 petition.

Disposition

dismissed