Jonathan Franco Navarro, incarcerated at FCI Lompoc I for conspiracy to possess with intent to distribute cocaine while aboard a vessel, challenged BOP's April 8, 2025 internal memorandum that prevents inmates subject to immigration detainers from applying earned time credits toward transfer to prerelease custody.
Navarro earned 1,155 days of earned time credits from April 3, 2019, to March 8, 2026, with 365 days already applied toward early placement on supervised release. He has 790 remaining days that could be applied toward prerelease custody, which would have moved his release date to April 19, 2025—about a year before the court's April 2026 decision.
The court concluded it was appropriate to excuse Navarro's failure to exhaust administrative remedies, holding that pursuing additional appeals would be futile given BOP's categorical policy position. The court cited similar reasoning from Modeste v. Birkholz, noting that "requiring Petitioner to pursue additional administrative remedies would be futile" when the agency has adopted a policy inconsistent with the requested relief.
Despite holding the habeas claim cognizable and rejecting BOP's jurisdictional arguments under 18 U.S.C. §§ 3621(b) and 3625, the court ultimately denied the petition on the merits. The court held that BOP's policy is consistent with the First Step Act's statutory framework.
The court also denied as moot Navarro's motion for a temporary restraining order or preliminary injunction, addressing the petition's merits on an expedited basis instead.