Luis Javier Garcia v. Warden Yazoo City Low

Summary

A federal magistrate judge recommends denying and dismissing Luis Javier Garcia’s 28 U.S.C. § 2241 petition challenging the Bureau of Prisons’ denial of First Step Act time credits and seeking transfer to prerelease custody. The recommendation concludes that Garcia was ineligible for the credits because he was subject to a final order of removal and alternatively determines that the petition became moot after his release from Bureau of Prisons custody.

Holdings

1. A prisoner subject to a final order of removal under the immigration laws is ineligible to apply First Step Act time credits; therefore, Garcia was not entitled to the requested credits.
2. The petition no longer presented a live case or controversy because Garcia had been released from BOP custody and could no longer obtain the requested transfer to prerelease custody.

Questions Presented

1. Whether Garcia was eligible to receive or apply First Step Act time credits despite being subject to a final order of removal.
2. Whether the § 2241 petition was moot after Garcia was released from BOP custody.
3. Whether the petition should be dismissed for failure to exhaust administrative remedies.

Disposition

dismissed