Fan Zhao Xin v. Warden Engleman
Filing
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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)
Case 2:22-cv-01239-JAD-VCF Document 16 Filed 11/21/22 Page 1 of 2
1
UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
3 Fan Zhao Xin,
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Case No: 2:22-cv-01239-JAD-VCF
Petitioner
5 v.
Order Dismissing Petition
6 James Billingsley, Residential Reentry
Manager, Federal Bureau of Prisons,
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Respondent.
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[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.
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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
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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.
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Dated: November 21, 2022
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_________________________________
U.S. District Judge Jennifer A. Dorsey
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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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