Fan Zhao Xin v. Warden Engleman

Filing 16

ORDER. IT IS THEREFORE ORDERED that Xin's petition for writ of habeas corpus 1 is DISMISSED as moot. The Clerk of Court is directed to enter judgment accordingly and close this case. Signed by Judge Jennifer A. Dorsey on 11/21/2022. (Copies have been distributed pursuant to the NEF - LOE)

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Case 2:22-cv-01239-JAD-VCF Document 16 Filed 11/21/22 Page 1 of 2 1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 Fan Zhao Xin, 4 Case No: 2:22-cv-01239-JAD-VCF Petitioner 5 v. Order Dismissing Petition 6 James Billingsley, Residential Reentry Manager, Federal Bureau of Prisons, 7 Respondent. 8 9 [ECF No. 1] This is a habeas proceeding under 28 U.S.C. § 2241 brought by Fan Zhao Xin, a federal 10 prisoner who asks the court to order that he be transferred to supervised release. Respondent, the 11 Bureau of Prisons (BOP), asserts that Xin’s § 2241 petition is moot because Xin has been 12 provided the relief he requests. 1 Xin did not reply to the BOP’s response in the time I allowed. 13 Having no reason to question the BOP’s representation, I dismiss Xin’s petition as moot. 14 Xin was convicted of a federal narcotics offense in the District of Nevada and sentenced 15 to 60 months in custody.2 He served the bulk of his 60-month term at the Terminal Island 16 facility in California. When he filed his § 2241 petition, he had been released from Terminal 17 Island and placed on home detention in Las Vegas, Nevada. 18 Xin alleges in his petition that he is eligible for credits under the First Step Act 3 that 19 would terminate his term of custody. 4 He claims that he has participated in the necessary 20 21 22 23 1 ECF No. 15. 2 ECF No. 9. 3 First Step Act of 2018, Pub. L. No. 115-391, 132 Stat. 5194 (2018). 4 ECF No. 1 at 6. Case 2:22-cv-01239-JAD-VCF Document 16 Filed 11/21/22 Page 2 of 2 1 programs and notes that the Act’s implementation date of January 15, 2022, has passed. He asks 2 the court to order the BOP to immediately transfer him to supervised release. 5 3 In responding to the petition, the BOP states that, after Xin filed his petition, the BOP 4 awarded him 219 days of First Step Act credit and transferred him to supervised release on 5 August 10, 2022. 6 The BOP provides a printout that appears to confirm this information. 7 I 6 view the absence of a reply from Xin as a concession that the information is accurate. Because 7 the BOP has provided the relief Xin seeks, I must dismiss this case as moot. 8 8 IT IS THEREFORE ORDERED that Xin’s petition for writ of habeas corpus [ECF 9 No. 1] is DISMISSED as moot. The Clerk of Court is directed to enter judgment accordingly 10 and close this case. 11 Dated: November 21, 2022 12 _________________________________ U.S. District Judge Jennifer A. Dorsey 13 14 15 16 17 18 19 20 21 22 23 5 Id. at 7. 6 ECF No. 15 at 1-2. 7 ECF No. 15-1. 8 See Picrin–Peron v. Rison, 930 F.2d 773, 775 (9th Cir. 1991) (dismissing § 2241 petition because petitioner had been granted immigration parole and released from custody). 2

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