Jesus Mayorga-Gonzalez v. N. Pate

Summary

The magistrate judge recommends denying and dismissing with prejudice Jesus Mayorga-Gonzalez’s 28 U.S.C. § 2241 petition challenging the Bureau of Prisons’ refusal to apply First Step Act time credits. Because Mayorga-Gonzalez is subject to a final order of removal, the court concludes that 18 U.S.C. § 3632(d)(4)(E) makes him ineligible to apply those credits.

Holdings

1. A prisoner who is the subject of a final order of removal is ineligible to apply First Step Act time credits to his sentence under 18 U.S.C. § 3632(d)(4)(E).

Questions Presented

1. Whether a federal prisoner subject to a final order of removal is eligible to have earned First Step Act time credits applied to his sentence.
2. Whether the Bureau of Prisons had discretion to restore or apply the petitioner's earned First Step Act time credits despite the final order of removal.

Disposition

other