Unreported / Non-Citable
Background
Federal prisoner Alphonso Eduardo Gonzales filed a pro se habeas petition under 28 U.S.C. § 2241, challenging the Bureau of Prisons’ refusal to apply time credits he claimed under the First Step Act of 2018. The U.S. District Court for the Northern District of Texas denied relief, concluding that Gonzales was statutorily barred from applying the credits.
On appeal, Gonzales argued that the district court improperly assessed his credibility, failed to consider the totality of the circumstances, and denied him a full and fair hearing in violation of the Fifth Amendment’s Due Process Clause. He also requested appointed counsel.
The Court’s Holding
The Fifth Circuit affirmed. Under 18 U.S.C. § 3632(d)(4)(E)(i), a prisoner who is subject to a final order of removal is ineligible to apply First Step Act time credits. The Bureau of Prisons submitted evidence that Gonzales was subject to such an order, and Gonzales did not dispute that fact.
The record therefore supported the district court’s conclusion that Gonzales could not apply the credits, regardless of his other objections to the proceedings. The panel also denied his request for counsel because he failed to demonstrate the exceptional circumstances required for appointment.
Key Takeaways
- A federal prisoner subject to a final order of removal cannot apply First Step Act time credits under 18 U.S.C. § 3632(d)(4)(E)(i).
- Undisputed Bureau of Prisons evidence of a final removal order supported denial of Gonzales’ § 2241 petition.
- Appointment of counsel was unwarranted because Gonzales did not show exceptional circumstances.
Why It Matters
The decision applies the First Step Act’s express exclusion for prisoners with final removal orders. Where the existence of such an order is supported by the record and undisputed, collateral arguments about credibility, the totality of the circumstances, or the adequacy of the hearing do not establish entitlement to apply time credits.