Opinion

Cedano-Sanchez v. Thompson

Court
District Court, M.D. Pennsylvania
Filed
May 30, 2023
Cited by
0 cases

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

OMAR BONIFACIO CEDANO- : CIVIL ACTION NO. 1:23-CV-548

SANCHEZ, :

: (Judge Conner)

Petitioner :

:

v. :

:

WARDEN R. THOMPSON, :

:

Respondent :

MEMORANDUM

Petitioner Omar Bonifacio Cedano-Sanchez (“petitioner”), an inmate

confined at the Low Security Correctional Institution, Allenwood, in White Deer,

Pennsylvania, initiated the above-captioned action by filing a petition for a writ of

habeas corpus pursuant to 28 U.S.C. § 2241. (Doc. 1). Petitioner alleges that the

Federal Bureau of Prisons (“BOP”) failed to apply his earned time credits under the

First Step Act (“FSA”). (Id.) For the reasons set forth below, the court will deny

the habeas petition.

I. Background

Petitioner is serving an 87-month term of imprisonment imposed by the

United States District Court for the Middle District of Florida for conspiracy to

distribute and possession with intent to distribute cocaine on board a vessel subject

to the jurisdiction of the United States. (Doc. 6-1, pp. 6-8). His projected release

date is December 18, 2023, via good conduct time. (Id.)

On February 14, 2023, the Department of Homeland Security (“DHS”) lodged

an immigration detainer against petitioner, reflecting that there is “[a] final order of

removal against the alien.” (Id. at pp. 10-13).

In his § 2241 petition, petitioner contends that the BOP deemed him

ineligible for earned time credits under the FSA due to his deportable status, but

that he had not yet been charged with a final order of removal. (Doc. 1). In

response, respondent argues that the § 2241 petition must be denied because

petitioner is subject to a final order of removal issued by DHS, and, thus, ineligible

for earned time credits under the FSA. (Doc. 6). The petition is ripe for resolution.

II. Discussion

Under the FSA, the Attorney General was charged with development and

release of a Risk and Needs Assessment System (“the System”) within 210 days of

December 21, 2018, the date on which the FSA was enacted. See 18 U.S.C. § 3632.

The System is to be used for: (1) determining an inmate’s recidivism risk; (2)

assessing an inmate’s risk of violent or serious misconduct; (3) determining the type

and amount of evidence-based recidivism reduction programming (“EBRRs”)

appropriate for each inmate; (4) periodically assessing an inmate’s recidivism risk;

(4) reassigning an inmate to appropriate EBRRs and productive activities (“PAs”);

(5) determining when to provide incentives and rewards for successful participation

in EBRRs and PAs; and (6) determining when the inmate is ready to transfer to pre-

release custody or supervised release. See id. § 3632(a). Moreover, the System

provides guidance on the “type, amount, and intensity of EBRR programs and PAs

to be assigned to each inmate based on the inmate’s specific criminogenic needs.”

Kurti v. White, No. 1:19-cv-2109, 2020 WL 2063871, at *4 (M.D. Pa. Apr. 29, 2020)

(citing 18 U.S.C. § 3632(b)).

The FSA allows eligible inmates who successfully complete EBRRs or PAs to

receive earned time credits to be applied toward time in pre-release custody or

supervised release. See 18 U.S.C. § 3632(d)(4)(A). An inmate may earn ten (10) days

of credit for every thirty (30) days of successful participation. See id. Moreover,

eligible inmates who have been assessed at a minimum or low risk of recidivism

who do not increase their risk of recidivism over two (2) consecutive assessments

may earn an additional five (5) days of time credit for every thirty (30) days of

successful participation. See id. However, “[a] prisoner is ineligible to apply time

credits under subparagraph (C) [application of time credits toward prerelease

custody or supervised release] if the prisoner is the subject of a final order of

removal under any provision of the immigration laws.” 18 U.S.C. § 3632(d)(4)(E).

Here, respondent presented evidence that petitioner is subject to a final

order of removal. (Doc. 6-1, pp. 6-9). The immigration detainer, a DHS document

issued by an authorized immigration official, clearly indicates that petitioner is

subject to a final order of removal. Because of this final order of removal, and

pursuant to the plain language of 18 U.S.C. § 3632(d)(4)(E), we cannot grant

petitioner the relief he seeks. Thus, we must deny the habeas petition.

III. Conclusion

Based on the foregoing, the court will deny the petition for writ of habeas

corpus pursuant to 28 U.S.C. § 2241. (Doc. 1).

An appropriate order shall issue.

/S/ CHRISTOPHER C. CONNER

Christopher C. Conner

United States District Judge

Middle District of Pennsylvania

Dated: May 30, 2023

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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