Fernando Ramos-Meza v. Warden E. Emmerich

Summary

The United States District Court for the Western District of Wisconsin denied Fernando Ramos-Meza’s petition for habeas corpus under 28 U.S.C. § 2241. The court held that his reinstated final order of removal made him ineligible to apply First Step Act time credits toward early release, notwithstanding his pending asylum-related proceedings.

Holdings

1. A prisoner who is the subject of a final order of removal is ineligible to apply First Step Act time credits toward early release under 18 U.S.C. § 3632(d)(4)(E)(i). Because DHS reinstated Ramos-Meza's 2011 removal order, the Bureau of Prisons could not apply his credits.
2. A pending request for asylum status does not prevent a final order of removal from remaining effective or from disqualifying the prisoner from applying First Step Act time credits.
3. The district court could not review the validity of Ramos-Meza's final order of removal in this habeas proceeding.

Questions Presented

1. Whether a prisoner subject to a reinstated final order of removal is eligible to apply First Step Act time credits toward early release.
2. Whether a pending request for asylum status prevents a final order of removal from disqualifying a prisoner from applying First Step Act time credits.
3. Whether the district court may review the validity of the final order of removal in a § 2241 proceeding.

Disposition

dismissed