George Vasquez v. Strada, 684 F.3d 431 (3rd Cir. 2012). · Go Syfert
George Vasquez v. Strada, 684 F.3d 431 (3rd Cir. 2012). Cases Citing This Book View Copy Cite
“vasquez may 6 chevron, u.s.a., inc. v. nat. res. def. council, inc., 467 u.s. 837, 838 (1984). resort to federal habeas corpus to challenge a decision to limit his rrc placement”
312 citation events (312 in the last 25 years) across 9 distinct courts.
Strongest positive: JONES v. THOMPSON (njd, 2024-12-30) · Strongest negative: Laurence Sessum v. Warden J. Sage (pamd, 2026-01-13)
Treatment trajectory · 2015 → 2026 · click a year to view as-of
2015 2020 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited "but see" Laurence Sessum v. Warden J. Sage
M.D. Penn. · 2026 · signal: but see · confidence high
See Cardona v. Bledsoe, 681 F.3d 533 (3d Cir. 2012) (“[I]n order to challenge the execution of [a] sentence under § 2241, [a petitioner] would need to allege that [the] BOP’s conduct was somehow inconsistent with a command or recommendation in the sentencing judgment.”); but see Vasquez v. Strada, 684 F.3d 431, 433 (3d Cir. 2012) (a prisoner “may resort to federal habeas corpus to challenge a decision to limit his RRC placement”).
discussed Cited as authority (verbatim quote) JONES v. THOMPSON (2×) also: Cited as authority (rule)
D.N.J. · 2024 · quote attribution · 1 verbatim quote · confidence high
we have held that a prisoner need not exhaust administrative remedies where the issue presented involves only statutory construction
discussed Cited as authority (verbatim quote) KOWALEWSKI v. WARDEN, FCI FORT DIX
D.N.J. · 2024 · signal: see also · quote attribution · 1 verbatim quote · confidence high
vasquez may 6 chevron, u.s.a., inc. v. nat. res. def. council, inc., 467 u.s. 837, 838 (1984). resort to federal habeas corpus to challenge a decision to limit his rrc placement
discussed Cited as authority (rule) Harlen Rugama-Garcia v. Craig Lowe, in his Official Capacity as Warden of the Pike County Correctional Facility et al.
M.D. Penn. · 2026 · confidence medium
Bureau of Prisons, 98 F.3d 757, 760 (3d Cir. 1996), they “need not exhaust administrative remedies where the issue presented involves only statutory construction.” Vasquez v. Strada, 684 F.3d 431, 434-35 (3d Cir. 2012).
discussed Cited as authority (rule) Jakhongir Kholmakhmat Ugli Bakhronov v. Craig Lowe, Warden of Pike County Correctional Facility, et al.
M.D. Penn. · 2026 · confidence medium
Bureau of Prisons, 98 F.3d 757, 760 (3d Cir. 1996), they “need not exhaust administrative remedies where the issue presented involves only statutory construction.” Vasquez v. Strada, 684 F.3d 431, 434-35 (3d Cir. 2012).
discussed Cited as authority (rule) Abdoulaye Barry v. Warden, LSCI-Allenwood
M.D. Penn. · 2026 · confidence medium
In Al Haj, the court held that it had jurisdiction because Woodall v. Federal Bureau of Prisons, 432 F.3d 235, 243-44 (3d Cir. 2005), and Vasquez v. Strada, 684 F.3d 431, 433 (3d Cir. 2012), “expressly held...that challenges to the BOP’s denial of a transfer to prerelease custody are cognizable in Section 2241 habeas | B.
cited Cited as authority (rule) Ronaldo E. Estrella v. Warden of FCI-Lewisburg
M.D. Penn. · 2026 · confidence medium
Vasquez v. Strada, 684 F.3d 431, 433-34 (3d Cir. 2012) (citing Bradshaw v. Carlson, 682 F.2d 1050 , 1052 (3d Cir. 1981)).
discussed Cited as authority (rule) Nicolas Ilandouno v. Warden Pike County Correctional Facility, et al.
M.D. Penn. · 2026 · confidence medium
Bureau of Prisons, 98 F.3d 757, 760 (3d Cir. 1996), they “need not exhaust administrative remedies where the issue presented involves only statutory construction.” Vasquez v. Strada, 684 F.3d 431, 434-35 (3d Cir. 2012).
discussed Cited as authority (rule) Jairo Israel Aguinada Avelar v. Kristi Noem, Secretary U.S. Department of Homeland Security, Jessica Sage, Warden, Federal Correctional Institution, Lewisburg, et al.
M.D. Penn. · 2026 · confidence medium
Bureau of Prisons, 98 F.3d 757, 760 (3d Cir. 1996), they “need not exhaust administrative remedies where the issue presented involves only statutory construction.” Vasquez v. Strada, 684 F.3d 431, 434-35 (3d Cir. 2012).
cited Cited as authority (rule) GARCIA-GARCIA v. FCI FORT DIX (WARDEN)
D.N.J. · 2026 · confidence medium
Mar. 4, 2024) (citing Vasquez v. Strada, 684 F.3d 431, 433 (3d Cir. 2012)).
discussed Cited as authority (rule) Leri Pipia v. Craig Lowe, Warden of Pike County Correctional Facility, et al.
M.D. Penn. · 2026 · confidence medium
Bureau of Prisons, 98 F.3d 757, 760 (3d Cir. 1996), they “need not exhaust administrative remedies where the issue presented involves only statutory construction.” Vasquez v. Strada, 684 F.3d 431, 434-35 (3d Cir. 2012).
discussed Cited as authority (rule) Jose Alejandro Lopez Rosada v. Warden Pike County Correctional Facility
M.D. Penn. · 2026 · confidence medium
Bureau of Prisons, 98 F.3d 757, 760 (3d Cir. 1996), they “need not exhaust administrative remedies where the issue presented involves only statutory construction.” Vasquez v. Strada, 684 F.3d 431, 434-35 (3d Cir. 2012).
discussed Cited as authority (rule) Duane Green v. Warden, FCI-Lewisburg
M.D. Penn. · 2026 · confidence medium
An inmate seeking habeas relief pursuant to section 2241 must generally exhaust the BOP’s administrative remedy process. , 684 F.3d 431, 433 (3d Cir. 2012) (citing , 98 F.3d 757, 760 (3d Cir. 1996)); 28 C.F.R. §§ 542.10-18 .
discussed Cited as authority (rule) Raimund Hauer v. Warden J. Greene
M.D. Penn. · 2026 · confidence medium
In Al Haj, the court held that it had jurisdiction because Woodall, 432 F.3d at 243-44 , and Vasquez v. Strada, 684 F.3d 431, 433 (3d Cir. 2012), “expressly held . . . that challenges to the BOP’s denial of a transfer to prerelease custody are cognizable in Section 2241 habeas corpus proceedings.” Al Haj, 2025 WL 1115751 , at *2.
discussed Cited as authority (rule) Terrell Hale v. J. Greene
M.D. Penn. · 2026 · confidence medium
For example, exhaustion is unnecessary if the issue presented is one that involves only statutory construction.14 Exhaustion is likewise excused when it would be futile.15 “In order to invoke the futility exception to exhaustion, a party must ‘provide a clear and positive showing’ of futility before the District Court.”16 Hale concedes that he has not exhausted his administrative remedies.17 He argues that exhaustion should be excused because the BOP “consistently seeks extensions to respond to remedy requests, often replying with boilerplate responses 11 See generally 28 C.F.R. §§…
cited Cited as authority (rule) Byhzir B. Giddings v. Warden J. Frith
M.D. Penn. · 2026 · confidence medium
Vasquez v. Strada, 684 F.3d 431, 433-34 (3d Cir. 2012) (citing Bradshaw v. Carlson, 682 F.2d 1050 , 1052 (3d Cir. 1981)).
cited Cited as authority (rule) Jason Cox v. J. Greene
M.D. Penn. · 2026 · confidence medium
Vasquez v. Strada, 684 F.3d 431, 433-34 (3d Cir. 2012) (citing Bradshaw v. Carlson, 682 F.2d 1050 , 1052 (3d Cir. 1981)).
cited Cited as authority (rule) Toochukwu Okorie v. Warden of FCI-Schuylkill
M.D. Penn. · 2026 · confidence medium
Vasquez v. Strada, 684 F.3d 431, 433-34 (3d Cir. 2012) (citing Bradshaw v. Carlson, 682 F.2d 1050 , 1052 (3d Cir. 1981)).
cited Cited as authority (rule) Louis Goldenberg v. Warden Heuett
S.D. Fla. · 2025 · confidence medium
ECF No. [1-1] at 4 (quoting Vasquez v. Strada, 684 F.3d 431, 433-34 (3d Cir. 2012)).
cited Cited as authority (rule) Luis Antonio Ochoa Polo v. Michael T. Rose, et al.
E.D. Pa. · 2025 · confidence medium
Petitioners “need not exhaust administrative remedies where “the issue presented involves only statutory construction.” Vasquez v. Strada, 684 F.3d 431, 433-34 (3d Cir. 2012).
cited Cited as authority (rule) Naresh Kumar v. Brian McShane, et al.
E.D. Pa. · 2025 · confidence medium
Petitioners “need not exhaust administrative remedies where “the issue presented involves only statutory construction.” Vasquez v. Strada, 684 F.3d 431, 433-34 (3d Cir. 2012).
discussed Cited as authority (rule) Darshan H. Patel v. David O’Neil, Acting Field Office Director of Enforcement and Removal Operations, Philadelphia Field Office, Immigration and Customs Enforcement, Kristi Noem, Secretary of U.S. Department of Homeland Security, Pamela Bondi, U.S. Attorney General, and Angela Hoover, Warden of Clinton County Correctional Facility
M.D. Penn. · 2025 · confidence medium
Bureau of Prisons, 98 F.3d 757, 760 (3d Cir. 1996), they “need not exhaust administrative remedies where the issue presented involves only statutory construction.” Vasquez v. Strada, 684 F.3d 431, 434-35 (3d Cir. 2012).
discussed Cited as authority (rule) Jesse Aaron Chandler v. United States of America
M.D. Penn. · 2025 · confidence medium
For example, exhaustion is unnecessary if “the issue presented involve[s] only statutory construction.” Vasquez v. Strada, 684 F.3d 431, 433-34 (3d Cir. 2012) (citing Bradshaw v. Carlson, 682 F.2d 1050, 1052 (3d Cir. 1981)).
discussed Cited as authority (rule) Johnson B. Ogunlana v. J. Greene, Warden
M.D. Penn. · 2025 · confidence medium
For example, exhaustion is unnecessary if the issue presented is one that involves only statutory construction.20 Exhaustion is likewise excused when it would be futile.21 “In order to invoke the futility exception to exhaustion, a party must ‘provide a clear and positive showing’ of futility before the District Court.”22 At this point in time, it appears that Ogunlana has administratively exhausted his RDAP-based claims.23 But he does not allege or establish that he 17 See id. §§ 542.13-.15. 18 See id. §§ 542.14(d)(2), 542.15. 19 See Moscato, 98 F.3d at 761-62 . 20 See Vasquez v. …
cited Cited as authority (rule) Leroy Townsend v. Warden Garza
M.D. Penn. · 2025 · confidence medium
Vasquez v. Strada, 684 F.3d 431, 433-34 (3d Cir. 2012) (citing Bradshaw v. Carlson, 682 F.2d 1050 , 1052 (3d Cir. 1981)).
discussed Cited as authority (rule) Everett Donovan Williams v. Warden, FCI-Allenwood Low
M.D. Penn. · 2025 · confidence medium
Discussion This Court had jurisdiction to consider Williams’ habeas petition at the time it was fled because Williams “may resort to federal habeas corpus to challenge a decision to limit his RRC placement.” Vasquez v. Strada, 684 F.3d 431, 433 (3d Cir. 2012) (citing Woodall v. Federal Bureau of Prisons, 432 F.3d 235, 243-44 (3d Cir. 2005)).
cited Cited as authority (rule) Jefry Josue Del Cid Del Cid and Marlon Letona Marroquin v. Pamela Bondi, Attorney General of the United States, In Her Official Capacity
W.D. Pa. · 2025 · confidence medium
For example, “exhaustion is unnecessary if the issue presented is one that consists purely of statutory construction.” Jd. (citing Vasquez v. Strada, 684 F.3d 431, 433-34 (3d Cir. 2012)).
discussed Cited as authority (rule) Derrek Larkin v. Warden Arviza
M.D. Penn. · 2025 · confidence medium
Section 2241 authorizes a federal court to issue a writ of habeas 11 See Vasquez v. Strada, 684 F.3d 431, 433-34 (3d Cir. 2012) (citing Bradshaw v. Carlson, 682 F.2d 1050, 1052 (3d Cir. 1981)). 12 Rose v. Lundy, 455 U.S. 509 , 516 n.7 (1982); see Cottillion v. United Refining Co., 781 F.3d 47, 54 (3d Cir. 2015) (affirming, in ERISA context, futility exception to exhaustion requirement). 13 Wilson v. MVM, Inc., 475 F.3d 166, 175 (3d Cir. 2007) (quoting D’Amico v. CBS Corp., 297 F.3d 287, 293 (3d Cir. 2002)). 14 See Doc. 1-1 at 7 (setting out the “Administrative Remedy Process (BP-8 through …
cited Cited as authority (rule) Thomas Hill, Sr. v. Warden Greene
M.D. Penn. · 2025 · confidence medium
Vasquez v. Strada, 684 F.3d 431, 433-34 (3d Cir. 2012) (citing Bradshaw v. Carlson, 682 F.2d 1050, 1052 (3d Cir. 1981)).
discussed Cited as authority (rule) MAGANA-HERRERA v. WARDEN, FCI FORT DIX (2×) also: Cited "see, e.g."
D.N.J. · 2025 · confidence medium
Exhaustion is excused “where the issue presented involves only statutory construction.” Vasquez v. Strada, 684 F.3d 431, 434 (3d Cir. 2012).
cited Cited as authority (rule) Guerrero v. Greene
M.D. Penn. · 2025 · confidence medium
Vasquez v. Strada, 684 F.3d 431, 433-34 (3d Cir. 2012) (citing Bradshaw v. Carlson, 682 F.2d 1050, 1052 (3d Cir. 1981)).
cited Cited as authority (rule) Myers v. Greene
M.D. Penn. · 2025 · confidence medium
Vasquez v. Strada, 684 F.3d 431, 433-34 (3d Cir. 2012) (citing Bradshaw v. Carlson, 682 F.2d 1050 , 1052 (3d Cir. 1981)).
cited Cited as authority (rule) Prince v. Warden of FCI-Allenwood Medium
M.D. Penn. · 2025 · confidence medium
Vasquez v. Strada, 684 F.3d 431, 433-34 (3d Cir. 2012) (citing Bradshaw v. Carlson, 682 F.2d 1050 , 1052 (3d Cir. 1981)).
cited Cited as authority (rule) Smith v. Warden FPC Schuylkill
M.D. Penn. · 2025 · confidence medium
Vasquez v. Strada, 684 F.3d 431, 433-34 (3d Cir. 2012) (citing Bradshaw v. Carlson, 682 F.2d 1050 , 1052 (3d Cir. 1981)).
cited Cited as authority (rule) Weathers v. United States
M.D. Penn. · 2025 · confidence medium
Vasquez v. Strada, 684 F.3d 431, 433-34 (3d Cir. 2012) (citing Bradshaw v. Carlson, 682 F.2d 1050 , 1052 (3d Cir. 1981)).
cited Cited as authority (rule) Sanderson v. Warden Sage
M.D. Penn. · 2025 · confidence medium
Vasquez v. Strada, 684 F.3d 431, 433-34 (3d Cir. 2012) (citing Bradshaw v. Carlson, 682 F.2d 1050 , 1052 (3d Cir. 1981)).
cited Cited as authority (rule) Allums v. Warden of FCI-Schuylkill
M.D. Penn. · 2025 · confidence medium
Vasquez v. Strada, 684 F.3d 431, 433-34 (3d Cir. 2012) (citing Bradshaw v. Carlson, 682 F.2d 1050 , 1052 (3d Cir. 1981)).
discussed Cited as authority (rule) HENDERSON v. THOMPSON (2×) also: Cited "see"
D.N.J. · 2025 · confidence medium
Vasquez v. Strada, 684 F.3d 431, 433 (3d Cir. 2012).
cited Cited as authority (rule) Torres-Benitez v. Warden FPC-Schuylkill
M.D. Penn. · 2025 · confidence medium
Vasquez v. Strada, 684 F.3d 431, 433-34 (3d Cir. 2012) (citing Bradshaw, 682 F.2d at 1052).
cited Cited as authority (rule) Idowu v. Greene
M.D. Penn. · 2025 · confidence medium
Vasquez v. Strada, 684 F.3d 431, 433-34 (3d Cir. 2012) (citing | Bradshaw v. Carlson, 682 F.2d 1050, 1052 (3d Cir. 1981)).
discussed Cited as authority (rule) Mackall v. Arviza
M.D. Penn. · 2025 · confidence medium
For example, exhaustion is unnecessary if the issue presented is one that involves only statutory construction.15 Exhaustion is likewise excused when it would be futile.16 “In order to invoke the futility exception to exhaustion, a party must ‘provide a clear and positive showing’ of futility before the District Court.”17 11 Moscato, 98 F.3d at 761-62 (citations omitted) 12 See generally 28 C.F.R. §§ 542.10 -.19. 13 See id. §§ 542.13-.15. 14 See Moscato, 98 F.3d at 761 . 15 See Vasquez v. Strada, 684 F.3d 431, 433-34 (3d Cir. 2012) (citing Bradshaw v. Carlson, 682 F.2d 1050, 1052 (…
discussed Cited as authority (rule) Mannel v. Greene
M.D. Penn. · 2025 · confidence medium
For example, exhaustion is unnecessary if the issue presented is one that involves only statutory construction.13 Exhaustion is likewise excused when it would be futile.14 “In order to invoke the futility exception to exhaustion, a party must ‘provide a clear and positive showing’ of futility before the District Court.”15 Mannel concedes that he has not exhausted his administrative remedies.16 He appears to argue that exhaustion would be “futile” because “time is of the essence,” as he “should have been released 4 months ago.”17 According to his petition, Mannel has not yet…
cited Cited as authority (rule) Hall v. Warden
M.D. Penn. · 2025 · confidence medium
Vasquez v. Strada, 684 F.3d 431, 433-34 (3d Cir. 2012) (citing Bradshaw v. Carlson, 682 F.2d 1050, 1052 (3d Cir. 1981)).
cited Cited as authority (rule) ESPANA-MARTINEZ v. WARDEN
D.N.J. · 2025 · confidence medium
Vasquez v. Strada, 684 F.3d 431, 433 (3d Cir. 2012).
cited Cited as authority (rule) SANCHEZ v. WARDEN
D.N.J. · 2025 · confidence medium
Vasquez v. Strada, 684 F.3d 431, 433 (3d Cir. 2012).
cited Cited as authority (rule) RODRIGUEZ-DIAZ v. WARDEN, FCI FORT DIX
D.N.J. · 2025 · confidence medium
Vasquez v. Strada, 684 F.3d 431, 433 (3d Cir. 2012).
cited Cited as authority (rule) Kramer v. Rickard
M.D. Penn. · 2025 · confidence medium
Vasquez v. Strada, 684 F.3d 431, 433-34 (3d Cir. 2012) (citing Bradshaw v. Carlson, 682 F.2d 1050, 1052 (3d Cir. 1981)).
discussed Cited as authority (rule) HARRIS v. WARDEN (2×) also: Cited "see"
D.N.J. · 2025 · confidence medium
Vasquez v. Strada, 684 F.3d 431, 433 (3d Cir. 2012).
examined Cited as authority (rule) Haj v. LSCI-Allenwood Warden (3×) also: Cited "see"
M.D. Penn. · 2025 · confidence medium
The Third Circuit subsequently confirmed in Vasquez v. Strada, 684 F.3d 431, 433 (3d Cir. 2012), that challenges to the denial of placement in prerelease custody are cognizable in Section 2241 habeas corpus proceedings.
discussed Cited as authority (rule) Chaffin, Jr. v. Warden FCI-Allenwood Medium
M.D. Penn. · 2025 · confidence medium
Because Chaffin’s’ petition involves an issue of purely statutory construction (rather than, for example, a dispute about the number of FSA credits earned), administrative exhaustion is excused.13 The Court, however, disagrees with Respondent’s assertion that Chaffin’s prerelease custody claim is cognizable under 28 U.S.C. § 2241.14 In fact, Chaffin’s petition, which seeks immediate transfer to prerelease custody and thus implicates the execution of his sentence (that is, where he serves the remainder of his sentence), is not cognizable on 11 Doc. 5. 12 Doc. 1-1 at 2-3. 13 See Vasqu…
Retrieving the full opinion text from the archive…
George VASQUEZ, Appellant
v.
Warden STRADA
12-1114.
Court of Appeals for the Third Circuit.
Jun 1, 2012.
684 F.3d 431
George Vasquez, White Deer, PA, pro se., J. Justin Blewitt, Jr., Esq., Office of United States Attorney, Scranton, PA, for Warden Strada.
Sloviter, Smith, Cowen.
Cited by 200 opinions  |  Unpublished

OPINION

PER CURIAM.

Appellant George Vasquez was sentenced in December 1993 in the United States District Court for the Southern District of New York to a term of imprisonment of 262 months for conspiracy to distribute heroin and for possession of heroin. In January 1996, Vasquez was sentenced in the United States District Court for the Middle District of Pennsylvania to a term of imprisonment of 14 months, to run consecutively to his New York sentence, for possession of a prohibited object. Vasquez’s current projected release date with good conduct time is October 10, 2012.

The Second Chance Act of 2007, which applies here, increases a federal prisoner’s eligibility for pre-release placement in a halfway house from 6 to 12 months, and requires the Bureau of Prisons (BOP) to make an individual determination that ensures that the placement is “of sufficient duration to provide the greatest likelihood[*433] of successful reintegration into the community.” 18 U.S.C. § 3624(c)(6)(C). In accordance with the Act, regulations were issued so that placement in a community, correctional facility by the BOP is conducted in a manner consistent with 18 U.S.C. § 3621(b). See 28 C.F.R. § 570.22. In addition to the individual determination under section 3621(b), a prisoner’s participation in, or completion of, Inmate Skills Development programs within the institution is considered separately to determine if additional placement time is warranted as an incentive under 42 U.S.C. § 17541, the Federal prisoner reentry initiative. Section 17541 requires the BOP to “provide incentives for prisoner participation in skills development programs.” Id. at § 17541(a)(1)(G). One such incentive may “at the discretion of the [BOP]” include “the maximum allowable period in a community confinement facility.” Id. at § 17541(a)(2)(A).

On April 20, 2011, Vasquez’s Unit Team met to review his pre-release needs. As a result of this review, Vasquez was recommended for a 151-180 day placement in a Residential Re-entry Center (“RRC”). In making its assessment, the Unit Team considered Vasquez’s criminal history, his community and financial resources, his disciplinary history, his employment skills, and family resources. Finally, Vasquez’s institutional programming, specifically, his participation in or completion of Inmate Skills Development programs, was considered separately to determine whether additional RRC time was warranted under § 17541. It was noted that although Vasquez completed some programming courses, he had not regularly participated in educational programs during his extensive incarceration period. Vasquez’s referral to community placement was subsequently approved by the Warden.

On September 14, 2011, Vasquez filed a petition for writ of habeas corpus, 28 U.S.C. § 2241, in the United States District Court for the Middle District of Pennsylvania. In this petition, Vasquez argued that the BOP failed to comply with the Federal prisoner reentry initiative, and that the BOP improperly amended section 3621(b) by unlawfully adding a sixth factor to trick inmates into thinking that they have been considered for the incentives that were never properly implemented by the BOP. Vasquez sought an order directing the BOP to grant him a community placement of 12 months. He also requested an order compelling the BOP to explain why the incentives were never created.

The BOP submitted an answer, arguing that Vasquez had not exhausted his administrative remedies. In the alternative, the BOP argued that Vasquez’s habeas corpus claims lacked merit. In an order entered on December 29, 2011, the District Court agreed with both of the BOP’s arguments and denied the habeas corpus petition. Vasquez appeals.

We have jurisdiction under 28 U.S.C. § 1291; United States v. Cepero, 224 F.3d 256, 264-65 (3d Cir.2000) (certificate of appealability not required to appeal from denial of section 2241 petition). Vasquez may resort to federal habeas corpus to challenge a decision to limit his RRC placement, Woodall v. Federal Bureau of Prisons, 432 F.3d 235, 243-44 (3d Cir.2005). However, prior to filing his petition, he was required to exhaust his administrative remedies. Moscato v. Fed. Bureau of Prisons, 98 F.3d 757, 760 (3d Cir.1996). Vasquez conceded before the District Court that he did not exhaust his administrative remedies, but argued that exhaustion was not necessary prior to filing the instant petition.

We have held that a prisoner need not exhaust administrative remedies where[*434] the issue presented involves only statutory construction, Bradshaw v. Carlson, 682 F.2d 1050, 1052 (3d Cir.1981), but Vasquez asked the District Court to direct the BOP to provide him with the maximum 12-month RRC placement. Contrary to his assertion in the proceedings below, he was not merely challenging the construction of the Second Chance Act, or the BOP’s implementation of the Federal prisoner reentry initiative. Exhaustion was required in his case, and Vasquez’s habeas corpus petition properly was dismissed for failing to exhaust administrative remedies.

We further agree with the District Court that Vasquez’s habeas corpus petition lacks merit in any event. Our review is limited to whether the BOP abused its discretion. See Barden v. Keohane, 921 F.2d 476, 478 (3d Cir.1991). The BOP exercises its authority pursuant to the Second Chance Act to determine individual prisoner RRC placements by applying the five factors set forth in section 3621(b). [1] The sixth factor used by the BOP is participation and/or completion of Skills Development programs pursuant to 42 U.S.C. § 17541. The record establishes that the BOP gave Vasquez an individual review of the five statutory factors contained in section 3621(b), and the additional factor of his participation and/or completion of Skills Development programs pursuant to 42 U.S.C. § 17541, prior to recommending that he receive a 151-180 day placement.

Having reviewed the record, and the arguments on appeal, we see no abuse of discretion in the way that the section 3621(b) factors were balanced with the goals of the Second Chance Act in Vasquez’s case. Indeed, Vasquez received appropriate consideration for the maximum allowable period of community placement, as reflected by the BOP's comments concerning his skills development completion, his strong ties to the community, his significant financial resources, and his housing needs. (See DC dkt. # 8, Ex. 2, p. 44.) The District Court properly concluded that the BOP did not abuse its discretion in reaching the determination that a 5 to 6 month placement is of sufficient duration to account for Vasquez’s history.

We also agree with the District Court that Vasquez was unable to demonstrate that the BOP failed to comply with the Federal prisoner reentry initiative. Vasquez claimed that BOP violated the statute when it failed to develop any incentives for participation in Inmate Skills Development Programming other than the incentive of consideration for the maximum period in an RRC. Although the Second Chance Act requires the BOP to establish incentives for prisoner participation in skills development programs, the statute does not require that any particular[*435] incentive be established. See 42 U.S.C. § 17541(a)(1)(G) and (2). Moreover, Vasquez received appropriate consideration for the maximum allowable period of community placement.

For all of these reasons, we will affirm the judgment of the District Court.

1

. Section 3621(b) states:

(b) Place of imprisonment. — The Bureau of Prisons shall designate the place of the prisoner's imprisonment. The Bureau may designate any available penal or correctional facility that meets minimum standards of health and habitability established by the Bureau, whether maintained by the Federal Government or otherwise and whether within or without the judicial district in which the person was convicted, that the Bureau determines to be appropriate and suitable, considering—
(1)the resources of the facility contemplated;
(2) the nature and circumstances of the offense;
(3) the history and characteristics of the prisoner;
(4) any statement by the court that imposed the sentence — (A) concerning the purposes for which the sentence to imprisonment was determined to be warranted; or (B) recommending a type of penal or correctional facility as appropriate; and
(5) any pertinent policy statement issued by the Sentencing Commission pursuant to section 994(a)(2) of title 28 ...
18 U.S.C. § 3621(b).