Opinion
2:22-cv-01509-RSL-BAT
01-13-2023
SIEGFRED SIERRA, Petitioner, v. I JACQUEZ et al., Respondent.
ORDER GRANTING IN PART AND DENYING IN PART §2241 PETITION
ROBERT S. LASNIK UNITED STATES DISTRICT JUDGE
Having reviewed the Report and Recommendation of the Honorable Brian A. Tsuchida, United States Magistrate Judge, any objections or responses to that, and the remaining record, the Court finds and ORDERS:
(1) The Court ADOPTS the Report and Recommendation.
(2) Petitioner is not ineligible under 18 U.S.C. § 3632(d)(4)(E)(i) or (ii) from receiving or earning FSA time credits because he is not subject to a final order or removal. The fact that he has an immigration detainer, as of this date, and appears to be a deportable alien based upon a conviction for an aggravated felony as the term is used for immigration purposes are not grounds to find he is ineligible under § 3632.
(3) Petitioner has failed to establish he has earned 365 days of FSA time credits and is thus not entitled to immediate release. The BOP has submitted Petitioner's FSA Time Credit Assessment which shows Petitioner has earned 75 FSA time credits as of October 11, 2022, that are applicable to home confinement or placement in a residential reentry center, unless he has engaged in conduct that alters those credits.
(4) Under 18 U.S.C. § 3632(d)(4)(C), FSA time credits are applied to prerelease custody or supervised release and the BOP shall transfer eligible prisoners under § 3624(g) into prerelease custody or supervised release.
(5) Because the Court finds 18 U.S.C. § 3632(d)(4)(E) does not render Petitioner ineligible from earning or applying FSA time credits, the BOP shall calculate the FSA time credits Petitioner has earned and continues to accrue and apply them as, as appropriate. However, other than directing the BOP to calculate and apply the credits as appropriate, the Court imposes no other directive upon the BOP to avoid intrusion upon the discretionary decisions the BOP must make going forward in this case. The Court further specifically declines to attempt to calculate what if any FSA time credits Petitioner has accrued, will accrue, or will lose going forward, or whether prerelease or supervised release should be imposed, and what conditions of release should be directed. Further, it may be that a final order of removal will be obtained, and Petitioner will then be ineligible “to apply” FSA time credits. See I8 U.S.C. § 3632(d)(4)(E)(i) (“A prisoner is ineligible to apply time credits under subparagraph (C) if the prisoner is subject to a final order of removal”) (Emphasis added).
(6) The Court specifically declines to grant Petitioner's request for immediate release. as the record does not support the request.
(7) The Court declines to grant Petitioner's request for "financial compensation." Dkt. 1 at 10. Christian v. Norwood, 376 Fed.Appx. 725, 726 (9th Cir. 2010) (§ 2241 is not the proper vehicle for obtaining monetary damages see Preiser v. Rodriguez, 411 U.S. 475, 494 (1973).).
(8) The Clerk is directed to send copies of this Order to the parties and to Judge Tsuchida.