United States District Court, D. New Jersey
Miguel Oro Orellana, Petitioner Pro Se
Caroline A. Sadlowski, AUSA United States Attorneys Office
David Vincent Bober, AUSA Office Attorneys for Respondent
B. SIMANDLE U.S. District Judge
matter comes before the Court on Maynor Miguel Oro
Orellana's petition for a writ of habeas corpus under 28
U.S.C. § 2241. Docket Entry 1. Respondent Mark Kirby
argues the petition should be denied. Answer, Docket Entry 6.
For the reasons stated below, the petition is denied with
April 23, 2013, Petitioner was arrested in Texas for
possession of marijuana and for engaging in an organized
criminal activity. Declaration of Jeff R. Johnson
(“Johnson Dec.”), Exhibit A ¶
Immigration Enforcement (“ICE”) lodged a detainer
against Petitioner the next day. Id. ¶ 5(d).
Petitioner was sentenced to six days imprisonment on the
marijuana possession charge on April 25, 2013. Id.
¶ 5(e). The state court gave Petitioner three days of
credit against his sentence, and Petitioner's sentence on
the marijuana charges ended on April 28. Exhibit D.
Petitioner was held on ICE's detainer between April 29
and May 14, 2013. September 15, 2016 Letter, Docket Entry 7.
The organized criminal activity charges remained pending in
the state courts.
15, 2013, a grand jury from the United States District Court
for the Southern District of Texas (“Southern
District”) charged Petitioner with illegal reentry by a
previously deported alien after an aggravated felony
conviction, 8 U.S.C. § 1326(a), (b)(2). Exhibit E.
“According to the United States Probation Office in
Houston, Texas, on April 15, 2009, [Petitioner] was convicted
of aggravated assault with serious bodily injury . . . and
sentenced to four years imprisonment. On April 4, 2012,
[Petitioner] was deported, but he illegally reentered the
United States on March 7, 2013.” Johnson Dec. ¶
5(b). The Southern District issued a writ of habeas corpus ad
prosequendum on May 21, 2013. Exhibit F. Petitioner first
appeared before the district court on May 24, 2013 and pled
guilty on June 17, 2013. Id.; Exhibit H. He was
sentenced to a 50-month term of incarceration on September
16, 2013. Exhibit H. United States v. Orellana, No.
13-cr-0289-1 (S.D. Tx. Sept. 16, 2013). The district judge
indicated “the sentence imposed takes into
consideration and gives the defendant credit for the time he
spent in ICE custody before he was transferred to federal
custody.” Exhibit I at 10:20-23. Petitioner was then
returned to the state in order to face his remaining state
charges. Johnson Dec. ¶ 6(f).
January 6, 2014, Petitioner was sentenced to 8-months
incarceration on the pending organized crime charges. Exhibit
J. The state applied credit to Petitioner's sentence
dating back to May 15, 2013, and Petitioner concluded his
state sentence on January 9, 2014. Exhibit K at 2. He was
held by the state until the U.S. Marshals took him into
custody on January 16, 2014 to begin serving his federal
sentence. Exhibit L; Exhibit G at 3. The Federal Bureau of
Prisons (“BOP”) calculated Petitioner's
federal sentence as beginning on January 16, 2014 and gave
him prior custody credit for January 10 to 15, 2014. Exhibit
M at 2-3. It projected Petitioner's release date as
August 26, 2017. Id. at 3.
seeking relief via administrative remedy,  Petitioner filed
this § 2241 petition arguing the BOP improperly denied
him jail credits for time spent in federal custody, and that
his trial attorney failed to provide the proper documentation
to the State of Texas “and as a consequence the State
of Texas did not dismiss my [state] case . . . and my [state]
case was not run concurrent” with his federal sentence.
Petition ¶ 13. The Court reviewed the petition under the
Rule 4 of the Rules Governing Habeas Proceedings and
dismissed the ineffective assistance of counsel claim as it
lacked jurisdiction over that claim in a § 2241
petition. It directed Respondent to answer the claim that the
BOP miscalculated Petitioner's jail credits. Opinion and
Order, Docket Entries 5 & 6.
filed its answer on September 15, 2016, but requested a brief
extension to look into whether Petitioner was entitled to
credit for the time spent in ICE's custody from April 29
to May 14, 2013. Answer; September 15, 2016 Letter. The Court
granted the extension of time, and Respondent informed the
Court on November 10, 2016 that it had determined Petitioner
was entitled to credit for that time. Supplemental Answer,
Docket Entry 12. It stated the BOP had recalculated
Petitioner's sentence to end on August 8, 2017.
Id. Petitioner did not file any traverse.
2241 “confers habeas jurisdiction to hear the petition
of a federal prisoner who is challenging not the validity but
the execution of his sentence.” Coady v.
Vaughn, 251 F.3d 480, 485 (3d Cir. 2001). This Court has
jurisdiction under § 2241 to consider a claim that the
BOP has miscalculated a sentence. See Blood v.
Bledsoe, 648 F.3d 203, 206 (3d Cir. 2011), cert.
denied, 132 S.Ct. 1068 (2012); Woodall v. Fed.
Bureau of Prisons, 432 F.3d 235, 242 (3d Cir. 2005).
argues he is entitled to credit on his federal sentence for
time spent in custody between April 23, 2013 and January 15,
2014. He states the BOP only credited him the time between
January 10 and 15 instead of the full amount. Petition ¶
13. “In calculating a federal sentence, the BOP first
determines when the sentence commenced and then determines
whether the prisoner ...