Domingo Beato-Estrella v. M. Arviza

Summary

The court dismissed without prejudice a pro se federal habeas petition challenging an ICE immigration detainer. The court held that the petitioner had not identified any aspect of his sentence being improperly executed, and that his claims concerning earned time credits and residential reentry or community custody placement were either unavailable or premature. The court also addressed several apparently fabricated or misidentified authorities cited by the petitioner.

Holdings

1. A federal prisoner may proceed by habeas corpus to challenge execution of a sentence only by identifying Bureau of Prisons action inconsistent with a command or recommendation in the sentencing judgment.
2. The asserted denial of good-time credits did not support habeas relief because petitioner was ineligible for those credits under 18 U.S.C. § 3632(d)(4)(D)(lxvi).
3. The placement claim was premature because no placement decision had been made and petitioner was not yet eligible for placement during the final year of his term of imprisonment.
4. The court lacked subject matter jurisdiction because petitioner identified no unlawful interference with execution of his sentence and no presently available program from which the detainer deprived him.

Questions Presented

1. Whether the petition presented a cognizable habeas challenge to the execution of petitioner's sentence.
2. Whether the alleged denial of good-time credits, Residential Reentry Center placement, or community custody established a present basis for habeas jurisdiction.
3. Whether the court had subject matter jurisdiction over the petition.

Disposition

dismissed