Meraz-Campos v. Greene

Filing 12

MEMORANDUM re Petition for Writ of Habeas Corpus 1 filed by Javier Meraz-Campos (Order to follow as separate docket entry) Signed by Honorable Keli M. Neary on 3/12/25. (ma)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
JAVIER MERAZ-CAMPOS,
Petitioner
v.
J. GREENE,
Respondent

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CIVIL ACTION NO. 3:24-CV-1661
(Judge Neary)

MEMORANDUM
This is a habeas corpus case filed under 28 U.S.C. § 2241. Petitioner, Javier
Meraz-Campos, asserts that the United States Bureau of Prisons has wrongfully
denied him time credits under the First Step Act (“FSA”) because he is subject to a
final order of removal from the United States. The petition will be denied.
I.

Factual Background & Procedural History
Meraz-Campos is serving a 97-month sentence of imprisonment imposed by

the United States District Court for the District of Arizona for importation of 500
grams or more of methamphetamine and possession with intent to distribute
methamphetamine. (Doc. 11-3). He is housed in Allenwood Low Security
Correctional Institution (“LSCI-Allenwood”).
Meraz-Campos filed the instant case on September 24, 2024, and his petition
was received and docketed on September 30, 2024. (Doc. 1). Meraz-Campos asserts
that he is being denied FSA time credits because he is subject to a final order of
removal from the United States, which he argues is improper because the order of

removal is invalid. (Id.) The case was initially assigned to United States District
Judge Malachy E. Mannion.
Respondent responded to the petition on November 29, 2024. (Doc. 11).
Respondent argues that the petition should be denied because (1) Meraz-Campos
failed to exhaust administrative remedies; (2) he is ineligible for FSA time credits
due to being subject to a final order of removal and this court does not have
authority to review the propriety of the removal order; (3) he does not qualify for
placement in a residential reentry center (“RRC”); and (4) he has no legal
entitlement to be transferred to an RRC. (Id.) Meraz-Campos has not filed a reply
brief, and the deadline for doing so has expired under the Local Rules. The case
was reassigned to the undersigned on January 21, 2025.
II.

Discussion
Meraz-Campos’s petition arises from the FSA, which allows eligible inmates

who successfully complete “evidence-based recidivism reduction programs”
(“EBRRs”) or productive activities (“PAs”) to receive earned time credits to be
applied toward time in pre-release custody or supervised release. 18 U.S.C. §
3632(d)(4)(A). An inmate may earn ten days of credit for every thirty days of
successful participation. Id. Inmates who have been assessed at a minimum or low
risk of recidivism who do not increase their risk of recidivism over two consecutive
assessments may earn an additional five days of credit for every thirty days of
successful participation. Id. A prisoner is ineligible to have FSA time credits applied
to his sentence if he “is the subject of a final order of removal under any provision
of the immigration laws.” 18 U.S.C. § 3632(d)(4)(E).
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Meraz-Campos’s petition will be denied. It is undisputed that he is subject to
an order from United States Immigration and Customs Enforcement (“ICE”) that
purports to be a final order of removal. (See Doc. 11-8). Meraz-Campos asserts that
the order is invalid under the applicable immigration laws, but this court does not
have jurisdiction to make such a decision. See 8 U.S.C. § 1252(e)(5) (barring judicial
review of “whether the alien is actually inadmissible or entitled to any relief from
removal”). Accordingly, because Meraz-Campos is subject to a final order of
removal and this court does not have the authority to decide whether the final order
of removal is valid, he is ineligible for FSA time credits to be applied to his sentence
under 18 U.S.C. § 3632(d)(4)(e) and his petition will be denied.
III.

Conclusion
The petition for writ of habeas corpus is denied. An appropriate order shall

issue.
/S/ KELI M. NEARY
Keli M. Neary
United States District Judge
Middle District of Pennsylvania
Dated:

March 12, 2025

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