Unreported / Non-Citable
Background
Heradio Romeo Rios pleaded guilty in the Southern District of Texas to being a felon in possession of a firearm. He received a 22-month prison sentence followed by two years of supervised release.
While incarcerated at FCI La Tuna, Rios filed a pro se petition under 28 U.S.C. § 2241 challenging the Bureau of Prisons’ calculation of his First Step Act earned-time credits. He alleged that the BOP scheduled his transfer to a residential reentry center for September 21, 2026, although his calculation placed the proper transfer date on June 4, 2026, and he requested immediate release from prison. The BOP subsequently transferred him to its Residential Reentry Office in San Antonio and presumably placed him in a residential reentry center.
The Court’s Holding
The court dismissed the petition and the civil action without prejudice as moot. Because Rios had already received the residential-reentry placement underlying his requested relief, the court could no longer order any effectual relief on his challenge to the timing of that placement.
The court also explained that the Attorney General, acting through the BOP, has exclusive authority and discretion to designate a federal prisoner’s place of confinement. Although excess prison time can sometimes remain relevant to supervised release, Rios did not request modification of supervised release, and this court lacked authority to grant such a modification absent a transfer of jurisdiction from the sentencing court in McAllen.
Key Takeaways
- A § 2241 petition challenging the timing of residential-reentry placement may become moot once the prisoner receives that placement.
- A federal district court cannot designate a federal prisoner’s place of confinement because that authority belongs to the Attorney General and the BOP.
- Any possible modification of Rios’s supervised release had to come from the sentencing court unless jurisdiction was transferred.
Why It Matters
The decision illustrates that satisfying § 2241’s custody requirement when a petition is filed does not preserve jurisdiction if later events eliminate every form of relief the court can provide. Prisoners disputing earned-time-credit calculations must identify a live remedy that remains within the reviewing court’s authority.
It also distinguishes a request for earlier community placement from a request to modify supervised release: the former may become moot after transfer, while the latter generally belongs to the sentencing court.