(a) When a State or local detainer is outstanding against a prisoner whom the Commission wishes to parole, the Commission may order either of the following:
(1) Parole to the actual physical custody of the detaining authorities only. In this event, release is not to be effected except to the detainer. When such a detainer is withdrawn, the prisoner is not to be released unless and until the Commission makes a new order of parole.
(2) Parole to the actual physical custody of the detaining authorities or an approved plan. In this event, release is to be effected to the community if detaining officials withdraw the detainer or make no effort to assume custody of the prisoner, providing there is an acceptable plan for community supervision.
(b) When the Commission wishes to parole a prisoner subject to a detainer filed by Federal immigration officials, the Commission shall order the following: Parole to the actual physical custody of the immigration authorities or an approved plan. In this event, release is to be effected regardless of whether immigration officials take the prisoner into custody, providing there is an acceptable plan for community supervision.
(c) As used in this section “parole to a detainer” means release to the “physical custody” of the authorities who have lodged the detainer. Temporary detention in a jail in the county where the institution of confinement is located does not constitute release on parole to such detainer. If the authorities who lodged the detainer do not take the prisoner into custody for any reason, he shall be returned to the institution to await further order of the Commission.
[43 FR 38822, Aug. 31, 1978, as amended at 44 FR 3409, Jan. 16, 1979; 44 FR 31637, June 1, 1979; 44 FR 34494, June 15, 1979; 47 FR 36635, Aug. 23, 1982]
Notes of Decisions
Otis G. Weeks, Jr. v. J. Michael Quinlan, Warden, 838 F.2d 41 (2d Cir. 1988).
· cites it 12× “§ 4210 (b)(2) (1982), to deny Weeks credit for time served in state prison after his parole from federal custody to a state de-tainer pursuant to 28 C.F.R. § 2.32 (a)(1) (1977). Under section 4210 of the Parole Commission and Reorganization Act (the Parole Act), the Parole…”
Anthony J. Garafola v. G.C. Wilkinson, Warden. G.C. Wilkinson, 721 F.2d 420 (3rd Cir. 1983).
· cites it 6× “28 C.F.R. § 2.32 (a)(1) (1982). 9 The district court reasoned that, where the existence of a state detainer is one factor in favor of federal parole, and where withdrawal of that de-tainer results not in release to the community, but rather in automatic reincarceration in…”
United States v. Maria Delia Estrada De Castillo, 549 F.2d 583 (9th Cir. 1977).
· cites it 2× “32 provides that indigents who have assets in excess of the amount reasonably necessary for the support of the indigent and his family shall be released upon the payment of that excess. By a joint policy statement 4 the Bureau of Prisons and the Board of Parole have provided a…”
United States Ex Rel. Stanbridge v. Quinlan, 595 F. Supp. 1145 (S.D.N.Y. 1984).
“The term “parole” is not expressly defined in the Parole Act. The Commission, however, has promulgated regulations which define “parole to a detainer” as “release to the ‘physical custody’ of the authorities who have lodged the detainer.”
Garafola v. Wilkinson, 555 F. Supp. 1002 (M.D. Penn. 1983).
“” 28 C.F.R. § 2.32 (a)(1). In essence, the Parole Commission is given unbridled discretion upon the inmate’s release from state custody to consider the matter de novo.”
Trader v. United States Parole Comm'n (E.D. Pa. 2020).
“Garafola held that when a federal prisoner is released to a state detainer, the prisoner’s period of parole begins according to 28 C.F.R. 2.32(a)(2). Garafola v. Wilkinson, 721 F.”
Capece v. Nelson, 446 F. Supp. 1176 (D. Conn. 1978).
“28 C.F.R. § 2.32 (b). On July 20, 1977, the Commission informed the Yale Legal Services Organization that sufficient information was not provided to justify a recommendation to modify petitioner’s parole status.”
— 28 C.F.R. § 2.32(a)(2) — 1 case
Trader v. United States Parole Comm'n (E.D. Pa. 2020).
“Garafola held that when a federal prisoner is released to a state detainer, the prisoner’s period of parole begins according to 28 C.F.R. 2.32(a)(2). Garafola v. Wilkinson, 721 F.”
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