Notes of Decisions
Cited in
1,303
cases (
1,291 in the last 5 years), 2019–2026 · leading case:
Giovinco v. Pullen, 118 F.4th 527 (2d Cir. 2024).
Giovinco v. Pullen, 118 F.4th 527 (2d Cir. 2024).
· cites it 6× “See 18 U.S.C. § 3632 (d)(4). A prisoner is not eligible to earn such credits if he “is serving a sentence for a conviction” of certain enumerated offenses.”
Cheng v. United States, 132 F.4th 655 (2d Cir. 2025).
· cites it 3× “Sheng-Wen Cheng challenges a provision of the First Step Act, 18 U.S.C. § 3632 (d)(4)(E)(i), which distinguishes between noncitizen prisoners with a final order of removal and other prisoners in determining eligibility for good time credits.”
Jesus Ruiz v. United States, 990 F.3d 1025 (7th Cir. 2021).
“, 18 U.S.C. § 3632 (d)(4)(D)(xxii) (rendering prisoners ineligible for time credit if convicted of a § 924(c) offense); 28 C.”
United States v. Daniel Draper, 84 F.4th 797 (9th Cir. 2023).
“See 18 U.S.C. § 3632 (d)(4)(A), (D)(xxv). This provision did not modify § 924(c) and has nothing to do with sentencing.”
Rivera-Perez v. Stover (2d Cir. 2026).
· cites it 21× “Rivera-Perez’s petition alleged that the Bureau of Prisons miscalculated the time credits he had earned under the First Step Act (“FSA”), 18 U.S.C. § 3632 (d)(4)(C), and thereby * The Clerk of Court is directed to amend the caption as set forth above.”
Jackson Javier Batioja Cuero v. P Warden, FCI Berlin, 2024 DNH 075 (D.N.H. 2024).
· cites it 5× “8), arguing that the petition should be denied because Batioja Cuero is subject to a final order of removal, rendering him ineligible for the application of FSA time credits, see 18 U.S.C. § 3632 (d)(4)(E)(i), and because he is ineligible for halfway house placement.”
Brown v. Penders, 101 F.4th 944 (1st Cir. 2024).
“" 18 U.S.C. § 3632 (d)(4)(A). Such time credits "shall be applied toward time in prerelease custody or supervised release.”
Bonnie v. Dunbar (D.S.C. 2024).
· cites it 13× “§ 2241 , alleging that the BOP is denying him time credits he earned under the First Step Act of 2018 (“FSA”), 18 U.S.C. § 3632 (d)(4)(A), Pub. L. 115-391, 132 1 The background for this case is gleaned from a combination of the initial petition for a writ of habeas corpus under…”
Adepoju v. Scales (E.D. Va. 2025).
· cites it 13× “01, First Step Act of 2018 — Time Credits: Procedures for Implementation of 18 U.S.C. § 3632 (d)(4). Cessation of Referral and Placement of Individuals with Immigration Detainers Effective immediately, pending placements in pre-release custody for application of Federal Time…”
Hare v. Ortiz (D.N.J. 2021).
· cites it 12× “See 18 U.S.C. § 3632 (a); 3 Page citations to the Docket (“Dkt.”
Robert Valladares v. Heather Ray (4th Cir. 2025).
· cites it 12× “One such exception, 18 U.S.C. § 3632 (d)(4)(D)(lviii), makes ineligible those convicted of specific drug offenses where death resulted.”
Ashby v. Warden (D. Maryland 2025).
· cites it 12× “See 18 U.S.C. § 3632 . The Attorney General was charged with developing and releasing a Risk and Needs Assessment System (“the System”).”
Mateo v. Warden (D. Conn. 2025).
· cites it 12× “§ 2241 to challenge his arrest and return to prison while he was in prerelease custody under time credits earned under the First Step Act, 18 U.S.C. § 3632 (“First Step Act” or “FSA”), and the Second Chance Act, 18 U.”
Gregory Bonnie v. Warden Dunbar (4th Cir. 2025).
· cites it 12× “18 U.S.C. § 3632 . The FSA, however, denies the particular benefit of jail-time credits to any prisoner “serving a sentence for a conviction under” 68 specified laws, including 18 U.”
Alatorre v. Derr (D. Haw. 2023).
· cites it 11× “01, First Step Act of 2018 – Time Credits: Procedures for Implementation of 18 U.S.C. § 3632 (d)(4) . . . which . . .”
Gonzalez v. Herrera (9th Cir. 2025).
· cites it 11× “” 18 U.S.C. § 3632 (d)(4)(C). Petitioner Leon Gonzalez served his custodial sentence.”
White v. Warden, Fed. Corr. Inst. - Cumberland (D. Maryland 2023).
· cites it 10× “01, First Step Act of 2018 – Time Credits: Procedures for Implementation of 18 U.S.C. § 3632 (d)(4)). Mr. White has moved to strike Respondent’s correspondence as an impermissible surreply.”
Skanes v. Carter (D. Maryland 2025).
· cites it 10× “Further, Respondent argues that 18 U.S.C. § 3632 (d)(4)(D) unambiguously authorized the actions of the BOP in precluding FSA time credits for Skanes because of his § 924(c) conviction.”
O'Bryan v. Cox (D.S.D. 2021).
· cites it 9× “18 U.S.C. § 3632 (a).. That risk and needs assessment tool was required to be completed no later than July 19, 2019.”
Clinkenbeard v. King (D. Minnesota 2024).
· cites it 9× “18 U.S.C. § 3632 (d)(4). However, inmates serving sentences for certain crimes are ineligible to earn time credits.”
Jackson v. Wadas (S.D. Ind. 2025).
· cites it 9× “" 18 U.S.C. § 3632 (d)(4)(A). The Court refers to these credits as "FSA credits" and evidence-based recidivism reduction programming as "EBRR programming.”
Hiciano v. Warden (D. Conn. 2025).
· cites it 9× “2 Respondent argues that Petitioner is ineligible for time credits under the FSA because she was convicted of an offense enumerated in 18 U.S.C. § 3632 (d)(4)(D).3 In Petitioner’s Reply, she claims that the BOP violated her Equal Protection rights by deeming other inmates…”
Warden (E.D. Va. 2026).
· cites it 9× “15, and filed a Traverse stating that his “case presents a pure question of law: whether the [BOP] may lawfully refuse to apply earned First Step Act time credits” and concerns the interpretation of two statutes: “Earning credits under 18 U.S.C. § 3632 (d)(4)” and “Applying…”
(HC) Garcia v. Warden, FCI Mendota (E.D. Cal. 2023).
· cites it 8× “27 1 § 1101(a)(17) and 18 U.S.C. § 3632 (d)(4)(E)). I have personally reviewed and can verify the existence of the Final Order of Removal, dated September 14, 1999, 2 that BOP obtained through the Department of Homeland Security’s Immigration and Customs Enforcement.”
(HC) Ramirez v. Phillips (E.D. Cal. 2023).
· cites it 8× “As relevant here, the FSA amended 18 U.S.C. § 3632 to require 4 the BOP to provide eligible prisoners the opportunity to participate in “evidence-based recidivism 5 reduction programs” and “productive activities” which in turn allows them to “earn time credits” 6 (FTCs).”
Mancillas v. Warden (D. Maryland 2023).
· cites it 8× “Further, Respondent argues that the BOP “reasonably interpreted 18 U.S.C. § 3632 (d)(4)(D) to preclude FSA time credits for [Mancillas] because of his § 924(c) conviction,” and that interpretation is entitled to deference.”
Kurti v. Douglas K. White, Warden (M.D. Penn. 2020).
· cites it 8× “) For the reasons that follow, the court will deny the petition for writ of habeas corpus. PROCEDURAL BACKGROUND Following an order to show cause, Doc.”
Dunn v. Carver (S.D.W. Va 2021).
· cites it 8× “May 24, 2019); also see 18 U.S.C. § 3632 . Pursuant to 18 U.S.C. § 3632 (a), the Attorney General was directed to develop and release publicly on the Department of Justice website a risk and needs assessment system no later than 210 days after the date of the enactment of the…”
Camacho-Castillo v. Dulgov (D. Ariz. 2024).
· cites it 8× “(quoting 18 U.S.C. § 3632 (a)). “An eligible prisoner can earn 10 days 12 13 (plus an additional five days if he meets the criteria for minimum or low risk of recidivism) 14 of FSA time credits ‘for every 30 days of successful participation in evidence-based 15 recidivism…”
Walker (S.D.W. Va 2025).
· cites it 8× “He further argues that he has earned a risk 1 The FSA, enacted on December 21, 2018, allows eligible federal prisoners who have not committed offenses enumerated in 18 U.S.C. § 3632 (d)(4)(D) to earn 10 to 15 days of time credits for every 30 days of successful participation in…”
Castro (D. Conn. 2026).
· cites it 8× “Respondent counters that Lemus Castro “is statutorily ineligible to apply time credits” under 18 U.S.C. § 3632 (d)(4)(E) “because he is subject to a final order of removal.”
Olu Victor Alonge, Petitioner v. Warden, FCI Berlin, Respondent, 2024 DNH 076 (D.N.H. 2024).
· cites it 2× “See generally 18 U.S.C.A. § 3632 (d)(4). Indeed, Alonge’s enrollment in the Institutional Hearing Program is entirely consistent with the First Step Act, which provides that, “The Attorney General, in consultation with the Secretary of Homeland Security, shall ensure that any…”
Sanchez v. Warden (D.N.J. 2025).
· cites it 7× “18 U.S.C. § 3632 (a)–(d). Under the FSA, federal prisoners who meet certain criteria, including engaging in recidivism reduction programs, are entitled to earn a number of time credits to be applied towards prerelease custody or early supervised release.”
Martinez v. Healy (N.D. Ohio 2025).
· cites it 7× “(quoting 18 U.S.C. § 3632 (d)(4)(D)) (emphasis added by Petitioner).”
Patel v. Barron (W.D. Wash. 2023).
· cites it 6× “18 U.S.C § 3632(d). One such incentive was the awarding of “time credits” to “be applied toward time in 11 prerelease custody or supervised release” upon eligible inmates’ successful completion of anti-recidivism programming.”
Ardoin (W.D. Tex. 2025).
· cites it 6×
Block (D. Mass. 2026).
· cites it 6×
Moparty (W.D. La. 2026).
· cites it 6×
Yauger (S.D. Ill. 2026).
· cites it 6×
(HC)Perez-Valencia v. Warden (E.D. Cal. 2024).
· cites it 5× “As set forth above, 16 under 18 U.S.C.§ 3632(d)(4)(C), “[t]ime credits earned .”
Banks (E.D. Ky. 2025).
· cites it 5×
Birkholz (C.D. Cal. 2025).
· cites it 5×
Gibson (S.D. Ill. 2026).
· cites it 5×
Warden (E.D. Cal. 2026).
· cites it 5×
Barker (D.S.D. 2026).
· cites it 5×
Vigil (D. Colo. 2026).
· cites it 5×
Thomas v. Hudson (D. Ariz. 2025).
· cites it 4× “18 U.S.C § 3632(d)(4)(A)-(C). Prisoners are ineligible to receive time 14 credits if they are serving a sentence for a conviction listed in 18 U.”
Haamid (E.D. Mich. 2025).
· cites it 4×
Marigny (D. Colo. 2025).
· cites it 4×
Harron (D. Colo. 2025).
· cites it 4×
Saldana (M.D. Penn. 2026).
· cites it 4×
Carter (D.S.D. 2026).
· cites it 4×
Doobay (W.D. La. 2026).
· cites it 4×
Chang (D. Conn. 2026).
· cites it 4×
Haywood (C.D. Ill. 2026).
· cites it 4×
Wilson (C.D. Ill. 2026).
· cites it 4×
Nunez (N.D. Ala. 2026).
· cites it 4×
Patel (M.D. Penn. 2026).
· cites it 4×
Cheng v. United States (S.D.N.Y. 2024).
· cites it 3× “§ 701 , et seq., and the Federal Tort Claims Act (the “FTCA”), 28 U.”
Whitaker v. Cox (D.S.D. 2021).
· cites it 3× ““who successfully completes evidence-based recidivism reduction programming or productive activities.”
Hassan v. Warden Hijar (W.D. Tex. 2023).
· cites it 3× “His petition is denied because it appears from its face and the attached exhibits that he is not entitled to § 2241 relief.”
Martinez v. Rosalez (W.D. Tex. 2023).
· cites it 3× “”18 U.S.C. § 3632(a). Second, the BOP was required to “implement and complete the initial intake risk and needs assessment for each prisoner.”
Reyna (M.D. Fla. 2025).
· cites it 3×
Davis (M.D. Fla. 2025).
· cites it 3×
Vang (D. Minnesota 2025).
· cites it 3×
Davis (D. Minnesota 2025).
· cites it 3×
White (W.D. Ky. 2025).
· cites it 3×
Modeste (D. Alaska 2025).
· cites it 3×
Popoola (E.D. Va. 2025).
· cites it 3×
Warden (E.D. Cal. 2025).
· cites it 3×
Edge (W.D. Tex. 2025).
· cites it 3×
Ngon (S.D. Ill. 2026).
· cites it 3×
Whited (N.D. Ohio 2026).
· cites it 3×
Phillips (W.D. Tenn. 2026).
· cites it 3×
Robinson (S.D. Ill. 2026).
· cites it 3×
Andrade (S.D. Miss. 2026).
· cites it 3×
Guevara (M.D. Ala. 2026).
· cites it 3×
Harrison (W.D. Tenn. 2026).
· cites it 3×
Feurtado (M.D. Penn. 2026).
· cites it 3×
Hoss v. Warden (D. Maryland 2022).
· cites it 2× “Hoss explains that under Title “18 U.S.C. § 3632(d)(4)(A)(i) a prisoner is entitled to earn 10 days of FTC for every 30 days of successful evidence-based recidivism reduction programming or productive activities.”
Griffis v. Segal (D. Minnesota 2023).
· cites it 2× “) Griffis acknowledges that she is a medium recidivism risk level but argues that she is entitled to the application of earned time credits under the FSA regardless of her recidivism risk level. (Id.”
Negron-Soto v. Knight (D.S.C. 2023).
· cites it 2× “As to the merits of the petition: Petitioner asserts that he earned time credits per the First Step Act, 18 U.S.C § 3632(d)(4)(A). ECF No. 1 at 2.”
Herrera v. Rardin (E.D. Mich. 2024).
· cites it 2× “” 18 U.S.C.§ 3632(d)(4)(E)(i). Petitioner does not have any liberty interest in receiving his FSA credits, thus, his due process claim is without merit.”
Cargill v. Warden Healy (N.D. Ohio 2025).
· cites it 2× “” 18 U.S.C.§ 3632(d)(4)(E)(i). On January 19, 2009, DHS issued a Notice and Order of Expedited Removal (“NOER”) under § 235(b) of the Immigration and Nationality Act (“INA”) against Petitioner deeming him inadmissible to the United States under § 212(a)(6)(C)(ii) of the INA (the…”
Sosonko v. Peters (W.D. Pa. 2025).
· cites it 2× “And under 18 U.S.C.§ 3632(d)(4)(D), a prisoner is ineligible to receive earned time credit if he is serving a sentence for a conviction under any section of chapter 55, related to kidnapping.”
Garcia v. Eischen (D. Minnesota 2025).
· cites it 2× “See18 U.S.C. § 3632(d)(4). The BOP applied 365 days of FSA time credits to his sentence toward early release.”
Howell v. Napier (D.S.C. 2025).
· cites it 2× “See 18 U.S.C § 3632(d)(4)(A). However, an inmate may not earn FSA credits if they are serving a sentence for any of the 72 disqualifying offenses specified in 18 U.”
Woods (M.D. Penn. 2025).
· cites it 2×
McMiller (D. Maryland 2025).
· cites it 2×
Roberson (E.D. Mich. 2025).
· cites it 2×
Erdmann (E.D. Mich. 2025).
· cites it 2×
Rucker (E.D. Mich. 2025).
· cites it 2×
Martinez-torres (W.D. Pa. 2025).
· cites it 2× “Martinez-Torres argues that 18 U.S.C.§ 3632(d)(4)(D)(lxviii) therefore is the applicable section and he is eligible to have ETCs applied.”
Diaz (W.D. Pa. 2025).
· cites it 2×
McLemore (E.D. Ark. 2025).
· cites it 2×
Justis (D. Maryland 2026).
· cites it 2×
Sessum (M.D. Penn. 2026).
· cites it 2×
Cortez (D.S.D. 2026).
· cites it 2×
Woods (M.D. Penn. 2026).
· cites it 2×
Crish (W.D. Tenn. 2026).
· cites it 2×
Mathers (S.D. Ill. 2026).
· cites it 2×
Jells (M.D. Penn. 2026).
· cites it 2×
Tovar (N.D. Ohio 2026).
· cites it 2×
Myers (M.D. Penn. 2026).
· cites it 2×
Kruchten (E.D. Mich. 2026).
· cites it 2×
West (W.D. Tenn. 2026).
· cites it 2×
Corbin (S.D. Ill. 2026).
· cites it 2×
Herrell (N.D. Ala. 2026).
· cites it 2×
Emmerich (E.D. Wis. 2026).
· cites it 2×
Cobb (S.D. Ga. 2026).
· cites it 2×
Herrera (S.D. Miss. 2026).
· cites it 2×
Duke (S.D. Ill. 2026).
· cites it 2×
Abbott (S.D. Miss. 2026).
· cites it 2×
Coleman (E.D. Mo. 2026).
· cites it 2×
Fraser (E.D. Ark. 2026).
· cites it 2×
Pittman (D. Minnesota 2026).
· cites it 2×
Hiipakka (N.D. Ohio 2026).
· cites it 2×
Sewell (W.D. Pa. 2026).
· cites it 2×
Yang v. Fed. Bureau of Prisons (S.D. Ohio 2022).
“Pursuant to 18 U. S.C. § 3632(d)(4)(ii), a prisoner with a minimum or low risk of recidivism "shall earn an additional 5 days of time credits for every 30 days of successful participation in evidence- based recidivism reduction programming or productive activities.”
Bard v. Queen (W.D. Pa. 2022).
“Second, it is for the BOP in the first instance to determine if a course petitioner took after the effective date of the First Step Act, whether “Introduction to Fly Fishing,” or “History of Rock and Roll,” is an “evidence-based recidivism reduction program[] or productive…”
Bellamy v. Lillard (S.D. Ill. 2024).
“§ 3624 (c)(2), qualify her for immediate transfer to pre- custody release.”
Llanos-cortes v. Fci Loretto Warden (W.D. Pa. 2025).
“One class of inmates not eligible to have their ETCs applied to their sentences is inmates subject to a final order of removal: the First Step Act provides at 18 U.S.C.§ 3632(d)(4)(E)(i) that “A prisoner is ineligible to apply time credits .”
Pacheco Mejia v. Underwood (W.D. Pa. 2025).
“Those offenses are listed by reference to section, subsection, or in some cases paragraph within subsection, at 18 U.S.C.§ 3632(d)(4)(D)(“A prisoner is ineligible to receive [ETC] .”
Garcia-colorado v. Warden Thompson, Fci Fort Dix (D.N.J. 2025).
“18 US.C. § 3632(d)(4)(E)). The statute thus bars any inmate who is subject to a final order of removal from receiving FSA credits or applying any previously earned credits towards early supervised release, See, e.”
Orobio-estacio v. Ice (W.D. Pa. 2025).
“At 18 U.S.C.§ 3632(d)(4)(E)(i), the FSA makes an individual ineligible to have earned time credit applied if he or she is the “subject of a final order of removal under any provision of the immigration laws (as such term is defined in section 101(a)(17) of the Immigration and…”
Cross (D. Minnesota 2025).
Mairs (D. Minnesota 2025).
Reese (D. Minnesota 2026).
Jesus Garcia v. E. Emmerich (W.D. Wis. 2026).
“But, under “18 U.S.C. § 3632(d)(4)(B), a prisoner is explicitly barred from earning credits .”
— 18 U.S.C. § 3632(a) — 1 case
Martinez v. Rosalez (W.D. Tex. 2023).
“”18 U.S.C. § 3632(a). Second, the BOP was required to “implement and complete the initial intake risk and needs assessment for each prisoner.”
— 18 U.S.C. § 3632(a)(3) — 1 case
Bard v. Queen (W.D. Pa. 2022).
“Second, it is for the BOP in the first instance to determine if a course petitioner took after the effective date of the First Step Act, whether “Introduction to Fly Fishing,” or “History of Rock and Roll,” is an “evidence-based recidivism reduction program[] or productive…”
— 18 U.S.C. § 3632(d) — 2 cases
Whitaker v. Cox (D.S.D. 2021).
““who successfully completes evidence-based recidivism reduction programming or productive activities.”
Patel v. Barron (W.D. Wash. 2023).
“18 U.S.C § 3632(d). One such incentive was the awarding of “time credits” to “be applied toward time in 11 prerelease custody or supervised release” upon eligible inmates’ successful completion of anti-recidivism programming.”
— 18 U.S.C. § 3632(d)(4) — 3 cases
Griffis v. Segal (D. Minnesota 2023).
“) Griffis acknowledges that she is a medium recidivism risk level but argues that she is entitled to the application of earned time credits under the FSA regardless of her recidivism risk level. (Id.”
Bellamy v. Lillard (S.D. Ill. 2024).
“§ 3624 (c)(2), qualify her for immediate transfer to pre- custody release.”
Garcia v. Eischen (D. Minnesota 2025).
“See18 U.S.C. § 3632(d)(4). The BOP applied 365 days of FSA time credits to his sentence toward early release.”
— 18 U.S.C. § 3632(d)(4)(A) — 3 cases
Negron-Soto v. Knight (D.S.C. 2023).
“As to the merits of the petition: Petitioner asserts that he earned time credits per the First Step Act, 18 U.S.C § 3632(d)(4)(A). ECF No. 1 at 2.”
Howell v. Napier (D.S.C. 2025).
“See 18 U.S.C § 3632(d)(4)(A). However, an inmate may not earn FSA credits if they are serving a sentence for any of the 72 disqualifying offenses specified in 18 U.”
Thomas v. Hudson (D. Ariz. 2025).
“18 U.S.C § 3632(d)(4)(A)-(C). Prisoners are ineligible to receive time 14 credits if they are serving a sentence for a conviction listed in 18 U.”
— 18 U.S.C. § 3632(d)(4)(A)(i) — 1 case
Hoss v. Warden (D. Maryland 2022).
“Hoss explains that under Title “18 U.S.C. § 3632(d)(4)(A)(i) a prisoner is entitled to earn 10 days of FTC for every 30 days of successful evidence-based recidivism reduction programming or productive activities.”
— 18 U.S.C. § 3632(d)(4)(B) — 1 case
Jesus Garcia v. E. Emmerich (W.D. Wis. 2026).
“But, under “18 U.S.C. § 3632(d)(4)(B), a prisoner is explicitly barred from earning credits .”
— 18 U.S.C. § 3632(d)(4)(C) — 7 cases
— 18 U.S.C. § 3632(d)(4)(D) — 3 cases
Sosonko v. Peters (W.D. Pa. 2025).
“And under 18 U.S.C.§ 3632(d)(4)(D), a prisoner is ineligible to receive earned time credit if he is serving a sentence for a conviction under any section of chapter 55, related to kidnapping.”
Pacheco Mejia v. Underwood (W.D. Pa. 2025).
“Those offenses are listed by reference to section, subsection, or in some cases paragraph within subsection, at 18 U.S.C.§ 3632(d)(4)(D)(“A prisoner is ineligible to receive [ETC] .”
Martinez-torres (W.D. Pa. 2025).
“Martinez-Torres argues that 18 U.S.C.§ 3632(d)(4)(D)(lxviii) therefore is the applicable section and he is eligible to have ETCs applied.”
— 18 U.S.C. § 3632(d)(4)(E) — 2 cases
Hassan v. Warden Hijar (W.D. Tex. 2023).
“His petition is denied because it appears from its face and the attached exhibits that he is not entitled to § 2241 relief.”
Garcia-colorado v. Warden Thompson, Fci Fort Dix (D.N.J. 2025).
“18 US.C. § 3632(d)(4)(E)). The statute thus bars any inmate who is subject to a final order of removal from receiving FSA credits or applying any previously earned credits towards early supervised release, See, e.”
— 18 U.S.C. § 3632(d)(4)(E)(i) — 5 cases
Cheng v. United States (S.D.N.Y. 2024).
“§ 701 , et seq., and the Federal Tort Claims Act (the “FTCA”), 28 U.”
Herrera v. Rardin (E.D. Mich. 2024).
“” 18 U.S.C.§ 3632(d)(4)(E)(i). Petitioner does not have any liberty interest in receiving his FSA credits, thus, his due process claim is without merit.”
Cargill v. Warden Healy (N.D. Ohio 2025).
“” 18 U.S.C.§ 3632(d)(4)(E)(i). On January 19, 2009, DHS issued a Notice and Order of Expedited Removal (“NOER”) under § 235(b) of the Immigration and Nationality Act (“INA”) against Petitioner deeming him inadmissible to the United States under § 212(a)(6)(C)(ii) of the INA (the…”
Llanos-cortes v. Fci Loretto Warden (W.D. Pa. 2025).
“One class of inmates not eligible to have their ETCs applied to their sentences is inmates subject to a final order of removal: the First Step Act provides at 18 U.S.C.§ 3632(d)(4)(E)(i) that “A prisoner is ineligible to apply time credits .”
Orobio-estacio v. Ice (W.D. Pa. 2025).
“At 18 U.S.C.§ 3632(d)(4)(E)(i), the FSA makes an individual ineligible to have earned time credit applied if he or she is the “subject of a final order of removal under any provision of the immigration laws (as such term is defined in section 101(a)(17) of the Immigration and…”
— 18 U.S.C. § 3632(d)(4)(ii) — 1 case
Yang v. Fed. Bureau of Prisons (S.D. Ohio 2022).
“Pursuant to 18 U. S.C. § 3632(d)(4)(ii), a prisoner with a minimum or low risk of recidivism "shall earn an additional 5 days of time credits for every 30 days of successful participation in evidence- based recidivism reduction programming or productive activities.”
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