Samir Zamora v. Michael Underwood, Warden FCI Loretto, et al.

Summary

The United States District Court for the Western District of Pennsylvania adopted a magistrate judge's recommendation and denied Samir Zamora's 28 U.S.C. § 2241 petition challenging the Bureau of Prisons' determination that he was ineligible to apply earned time credits. The court held that Zamora, a noncitizen subject to a final order of removal and immigration detainer, was ineligible for the credits under 18 U.S.C. § 3632(d)(4)(E), denied the petition with prejudice, and declined to issue a certificate of appealability.

Holdings

1. A noncitizen subject to an immigration detainer indicating that the individual has a final order of removal is ineligible to apply earned time credits under 18 U.S.C. § 3632(d)(4)(E).
2. Section 3632(d)(4)(E) is not limited to removal orders issued by immigration judges; it also applies to removal orders issued by immigration officers.
3. Although Petitioner initially failed to exhaust BOP administrative remedies, the court resolved the petition on the merits after Petitioner completed the exhaustion process during the litigation.
4. No certificate of appealability is required for a federal prisoner appealing the denial of a § 2241 petition.

Questions Presented

1. Whether the § 2241 petition should be denied after Petitioner completed the BOP exhaustion process during the litigation.
2. Whether a noncitizen subject to an immigration detainer and final order of removal is eligible to apply earned time credits under 18 U.S.C. § 3632(d)(4)(E).
3. Whether § 3632(d)(4)(E) applies only to removal orders issued by immigration judges or also applies to orders issued by immigration officers.
4. Whether a certificate of appealability is required to appeal the denial of a federal prisoner's § 2241 petition.

Disposition

writ_denied