28 C.F.R. § 2.220

Appeal

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(a) As a supervised releasee you may appeal a decision to: Change or add a special condition of supervised release, revoke supervised release, or impose a term of imprisonment or a new term of supervised release after revocation. You may not appeal one of the general conditions of release.

(b) If we add a special condition to take effect immediately upon your supervised release, you may appeal the imposition of the special condition no later than 30 days after the date you begin your supervised release. If we change or add the special condition sometime after you begin your supervised release, you may appeal within 30 days of the notice of action changing or adding the condition. You must follow the appealed condition until we change the condition in response to your appeal.

(c) You cannot appeal if we made the decision as part of an expedited revocation, or if you asked us to change or add a special condition of release.

(d) You must follow the procedures of § 2.26 in preparing your appeal. We will follow the same rule in voting on and deciding your appeal.

[79 FR 51260, Aug. 28, 2014]

Notes of Decisions

Cited in 3 cases, 2012–2016 · leading case: Wills v. United States Parole Comm'n, 882 F. Supp. 2d 60 (D.D.C. 2012).

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Wills v. United States Parole Comm'n, 882 F. Supp. 2d 60 (D.D.C. 2012). · cites it 2× “The defendants contend, for example, that, had the plaintiff initially received the NOA, the plaintiff would have been entitled to “submit to the National Appeals Board a written appeal,” within 30 days of the NOA’s issuance, pursuant to 28 C.F.R. §§ 2.220 , 2.26. 28 C.F.R. § 2.”

McCleod v. U.S. Parole Comm'n, 74 F. Supp. 3d 154 (D.D.C. 2014). “Petitioner was advised of his right to appeal the April 9, 2014 Notice of Action to the National Ap *157 peals Board pursuant to 28 C.F.R. § 2.220 , See Comm’n Opp’n, Ex.”

Fields v. Smith (D.D.C. 2016). “To the extent that Fields seeks review of the Commission’s June 8, 2015 Notice of Action attached to his supplemental filing, the Court agrees that he must exhaust his administrative remedies by, as advised in the Notice, appealing the decision to the National Appeals Board…”

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