Efren Angulo Luango v. Warden Childress

Summary

A United States Magistrate Judge recommends dismissing without prejudice Efren Angulo-Luango’s 28 U.S.C. § 2241 petition challenging the Bureau of Prisons’ denial of First Step Act time credits. The recommendation concludes that he failed to exhaust the Bureau of Prisons’ administrative-remedy process and did not establish grounds to excuse exhaustion. It also notes that any challenge to an immigration removal order would fall outside the district court’s subject-matter jurisdiction.

Holdings

1. A federal prisoner seeking credit against a sentence must first properly exhaust the Bureau of Prisons' multi-tiered administrative-remedy process before filing a § 2241 petition, even though the exhaustion requirement is judicially imposed rather than statutory.
2. Exhaustion is not excused merely because the petitioner believes administrative review will be unsuccessful or that completing the process will cause delay; extraordinary circumstances and demonstrated futility are required.
3. To the extent the petition challenged the legality of the August 22, 2016 immigration order of removal, the district court lacked subject-matter jurisdiction because such a challenge is inextricably linked to the removal order.

Questions Presented

1. Whether Luango was required to exhaust the Bureau of Prisons' administrative remedies before seeking relief under 28 U.S.C. § 2241.
2. Whether Luango's belief that administrative review would be futile or cause delay excused the exhaustion requirement.
3. Whether the district court would have subject-matter jurisdiction over any challenge to the legality of the August 22, 2016 immigration order of removal.

Disposition

other