Rodriguez-Garcia v. Warden, FCI-Herlong

Summary

A magistrate judge recommends denying Miguel Rodriguez-Garcia’s 28 U.S.C. § 2241 petition seeking application of earned time credits under the First Step Act. The court concludes that petitioner was subject to a final reinstated order of removal by approximately July 2024, before the credits could have been applied toward early release, making him ineligible for the requested relief. The findings and recommendations were submitted to the district judge subject to objections within 21 days.

Holdings

1. A federal prisoner's challenge to the Bureau of Prisons' computation of the sentence and application of earned time credits is properly raised under 28 U.S.C. § 2241 because it concerns the manner in which the sentence is executed.
2. A reinstated removal order is a type of final order of removal covered by 18 U.S.C. § 3632(d)(4)(E)(i), and it becomes final immediately upon issuance once the legally required notice is provided.
3. Petitioner was not eligible for habeas relief because his reinstated removal order became final in or around July 2024, before the claimed First Step Act credits could have been applied to an early release date in November 2024.

Questions Presented

1. Whether a challenge to the Bureau of Prisons' computation and application of First Step Act earned time credits is properly brought under 28 U.S.C. § 2241.
2. Whether a reinstated removal order qualifies as a final order of removal under 18 U.S.C. § 3632(d)(4)(E)(i).
3. When a reinstated removal order becomes final for purposes of the First Step Act's exclusion of prisoners subject to final orders of removal.
4. Whether petitioner was eligible to apply his claimed First Step Act earned time credits where the reinstated removal order became final before the credits could have been applied to an early release date.

Disposition

other