(HC) Bueno-Martinez v. FCI Mendota Warden, 1:23-cv-00628-HBK

Jesus G. Bueno-Martinez filed a pro se habeas petition under 28 U.S.C. § 2241, challenging the Bureau of Prisons' (BOP) refusal to apply earned time credits (FTCs) toward his release due to his immigration status.
At the time of filing, Bueno-Martinez was incarcerated at FCI Mendota in the Eastern District of California.
He was serving a federal sentence after pleading guilty to a drug offense in the Eastern District of Washington in 2010.
The First Step Act (FSA) allows eligible federal inmates to earn and apply FTCs toward early release via participation in recidivism reduction programming.
Bueno-Martinez was released from federal custody on December 8, 2023, while the habeas petition was still pending.
The court then requested supplemental briefing to determine whether the case was now moot.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether exclusion from FTCs based on immigration status violates the FSA	BOP unlawfully excluded him from applying FTCs due to his immigration status	Petition should be dismissed: no jurisdiction, failure to state a claim, failure to exhaust, and mootness after release	Petition is moot after release; no relief can be granted

Hollingsworth v. Perry, 570 U.S. 693 (federal courts may only decide live cases or controversies)
Arizonans for Official English v. Arizona, 520 U.S. 43 (case or controversy must exist at every stage, not just at filing)
Abdala v. INS, 488 F.3d 1061 (release from custody moots habeas petition absent collateral consequences)
Dominguez v. Kernan, 906 F.3d 1127 (courts cannot grant relief if petitioner is not in custody or suffers no collateral consequences)
Fender v. U.S. Bureau of Prisons, 846 F.2d 550 (no relief if there are no ongoing consequences from BOP actions)