Automated Summary
Key Facts
Petitioner Camilo Gonzalez, a federal prisoner, filed a habeas corpus petition under 28 U.S.C. § 2241 arguing that the Bureau of Prisons should credit him with First Step Act Time Credits (FTCs). Gonzalez acknowledges that 18 U.S.C. § 3632(d)(4)(E)(i) bars prisoners subject to final removal orders from receiving FTCs but claims the statute violates the Equal Protection Clause by discriminating against non-citizens. The Court recommends denying the petition and dismissing the case, as the FSA's denial of time credits to prisoners with final removal orders survives rational basis review.
Issues
- The petitioner seeks credit under the First Step Act despite being subject to a final removal order. The government argues that the FSA bars such prisoners from receiving FTCs to reduce their sentences, and the court must determine eligibility. The court concludes that a prisoner subject to a final order of removal is not eligible for earned time credits under the FSA.
- The petitioner challenges the First Step Act's denial of earned time credits to prisoners subject to final removal orders as a violation of the Equal Protection Clause of the United States Constitution, arguing that the statute discriminates against non-citizens. The court applies rational basis review since non-citizens unlawfully present are not a suspect class, and concludes the FSA's citizenship-based classifications do not violate equal protection.
Holdings
The court recommends denying the habeas corpus petition and dismissing the action because the First Step Act's denial of time credits to prisoners with final removal orders survives rational basis review under the Equal Protection Clause, and Mr. Gonzalez is ineligible for FTCs as a prisoner subject to a final removal order.
Remedies
The Magistrate Judge recommends that the petition for a writ of habeas corpus filed by petitioner Camilo Gonzalez be denied and that this action be dismissed.
Legal Principles
The court applies rational basis review to equal protection challenges regarding the First Step Act's denial of time credits to prisoners subject to final removal orders. The court concludes that the FSA's citizenship-based classifications survive rational basis review because eliminating time credits reasonably reduces flight risk for noncitizens with removal orders and ensures those who enter or remain illegally serve full prison sentences.
Precedent Name
- Lopez v. Emmerich
- Vasquez-Velezmoro v. INS
- New Doe Child #1 v. United States
- Quiceno v. Segal
- United States v. Sitladeen
- Chocon-Gomez v. King
- Casquete v. United States
- Cheng v. United States
- Jenkins v. Segal
- Brikova v. Holder
Cited Statute
- Habeas Corpus statute
- First Step Act time credits provision
Judge Name
Douglas L. Micko
Passage Text
- It is well established that a prisoner subject to a final order of removal, such as Mr. Gonzalez, is not eligible for earned time credits under the FSA.
- As other circuit courts have already determined, the FSA's denial of time credits to prisoners with final removal orders survives rational basis review.
- IT IS RECOMMENDED that: 1. The petition for a writ of habeas corpus of petitioner Camilo Gonzalez (Doc. 1) be DENIED; and 2. This action be DISMISSED.