Summary
The Report and Recommendation addresses Karamchand Doobay’s 28 U.S.C. § 2241 petition challenging the Bureau of Prisons’ removal of First Step Act time credits after the Department of Homeland Security issued a final order of removal. The court concludes that 18 U.S.C. § 3632(d)(4)(E) bars a prisoner subject to a final removal order from applying First Step Act time credits, regardless of when the credits were earned, and recommends denial and dismissal with prejudice.
Holdings
- A prisoner subject to a final order of removal is ineligible to apply any First Step Act time credits to his sentence, including credits earned before the final order of removal was entered.
- Doobay's petition failed to state a claim for relief under 28 U.S.C. § 2241.
Questions Presented
- Whether a prisoner subject to a final order of removal is ineligible to apply First Step Act time credits earned before the final order was entered.
- Whether the Bureau of Prisons' removal of previously posted First Step Act time credits stated a basis for relief under 28 U.S.C. § 2241.
Disposition
dismissed
Cases Cited (10)
- Ortega v. Warden, FCI-Texarkana, No. 5:23-CV-107, 2025 WL 3618826 (E.D. Tex. Sept. 9, 2025)(followed)
- Ortega v. Warden, FCI-Texarkana, No. 5:23-CV-107, 2025 WL 3618305 (E.D. Tex. Dec. 12, 2025)(followed)
- Zuluaga v. Warden, FCI-Texarkana, No. 5:23-CV-128, 2025 WL 2632550 (E.D. Tex. July 11, 2025)(followed)
- Zuluaga v. Warden, FCI-Texarkana, No. 5:23-CV-128, 2025 WL 2409198 (E.D. Tex. Aug. 20, 2025)(followed)
- Chocon-Gomez v. King, Civil Action No. 24-cv-2737, 2024 U.S. Dist. LEXIS 238542, 2024 WL 5381457 (D. Minn. Sept. 26, 2024)(followed)
- Jenkins v. Segal, No. 23-cv-425 (WMW/DTS), 2023 U.S. Dist. LEXIS 193751, 2023 WL 7131024, at *2 (D. Minn. Oct. 30, 2023)(followed)
- Jenkins v. Segal, 2023 WL 11692933 (8th Cir. Dec. 1, 2023)(followed)
- Quiceno v. Segal, No. 23-cv-358 (NEB/DJF), 2023 U.S. Dist. LEXIS 98954, 2023 WL 3855295, at *3 (D. Minn. Apr. 21, 2023)(followed)
- Quiceno v. Segal, 2023 U.S. Dist. LEXIS 97916, 2023 WL 3853433 (D. Minn. June 6, 2023)(followed)
- Douglass v. United Services Automobile Ass'n, 79 F.3d 1415, 1429-30 (5th Cir. 1996)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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