Automated Summary
Key Facts
Khin Phoo Ngon petitioned for habeas corpus challenging the Bureau of Prisons' (BOP) calculation of her 49-month aggregate sentence from two convictions (26 months in the Eastern District of Virginia for health care fraud and 23 months in the Superior Court of the District of Columbia for fraud/theft). The BOP awarded her 150 days of First Step Act (FSA) time credits by October 14, 2025, adjusting her conditional release date to December 14, 2026. The court denied her petition, concluding she failed to show her custody violated U.S. law, as her claims about FSA credit eligibility and community corrections placement were not substantiated.
Issues
- The court addressed whether Khin Phoo Ngon is eligible for First Step Act (FSA) time credits under 18 U.S.C. § 3632, including whether her D.C. conviction disqualifies her. The respondent conceded eligibility, and the BOP awarded 150 days of FSA credits as of October 14, 2025, adjusting her release date to December 14, 2026.
- Ngon argued FSA credits should begin accruing from July 17, 2024, when she was first sentenced, but the court held that credits only start once she was committed to BOP custody at FPC-Alderson on October 18, 2024, citing statutory and regulatory requirements for assessment and program completion.
- The court ruled that Ngon’s challenge to her placement in a residential reentry center (half-way house) under the Second Chance Act is not cognizable in a § 2241 petition, as it pertains to conditions of confinement rather than the fact or duration of her incarceration.
Holdings
- The respondent concedes Ngon is eligible for First Step Act credits for her 49-month aggregate sentence. The Bureau of Prisons (BOP) has awarded her 150 days of FSA credits, resulting in a conditional release date of December 14, 2026.
- The Court holds that Ngon could not begin earning FSA credits until her commitment to BOP custody at FPC-Alderson on October 18, 2024, as required by federal law and BOP policy.
- The Court determines that challenges to placement in community corrections are not cognizable under § 2241, as they concern conditions of confinement rather than the duration or fact of custody.
- The Court denies Khin Phoo Ngon's petition for a writ of habeas corpus, finding she has not demonstrated that her custody violates the Constitution or federal law.
Remedies
The Court denies the petition for a writ of habeas corpus under 28 U.S.C. § 2241 and directs the Clerk of Court to enter judgment accordingly. The petitioner has not shown that her custody violates the Constitution or laws of the United States.
Legal Principles
The court held that challenges to routine placement decisions in community corrections or changes in custody levels (e.g., prison to halfway house) are not cognizable under 28 U.S.C. § 2241 habeas corpus petitions. Such claims concern conditions of confinement rather than the fact or duration of confinement, which are the only issues reviewable via habeas corpus. This aligns with precedents like Walker v. O'Brien and Graham v. Broglin, emphasizing judicial deference to BOP's administrative discretion in inmate placement.
Precedent Name
- Yufenyuy v. Warden, FCI Berlin
- Glaus v. Anderson
- Singleton v. Walton
- United States v. Ngon
- Tapia v. United States
- United States v. Wilson
- Freeman v. Lillard
- Jackson v. Wadas
- Bunn v. Conley
- Ammons v. Gerlinger
- Preiser v. Rodriguez
- United States v. Saunders
- Patel v. Barron
- Walker v. O'Brien
- Graham v. Broglin
Cited Statute
- First Step Act of 2018
- Second Chance Act
- Habeas Corpus Act
- Criminal Code (Title 18 of the United States Code)
Judge Name
J. Phil Gilbert
Passage Text
- For the foregoing reason, the Court finds Ngon has not shown that she 'is in custody in violation of the Constitution or laws or treaties of the United States.' 28 U.S.C. § 2241(c)(3).
- While it is true that she began serving her sentence on July 17, 2024... None of that can occur until the inmate is committed to the BOP's custody at her designated BOP facility where the evaluation and assignment can begin.
- The respondent concedes that Ngon is eligible for FTCs for her entire aggregate 49-month sentence and that the nature of her conviction does not disqualify her from earning FSA FTCs.