Gonzales v. Brawley — Fifth Circuit held final removal order barred application of First Step Act time credits

Case
Alphonso Eduardo Gonzales v. J. Brawley, Acting Warden, Federal Correctional Institution Big Spring
Court
U.S. Court of Appeals for the Fifth Circuit
Judge
Barksdale; Graves; Higginson
Date Decided
September 25, 2026
Docket No.
26-10043
Topics
Habeas Corpus; First Step Act; Time Credits; Immigration Removal
Source
Read the full opinion

Background

Federal prisoner Alphonso Eduardo Gonzales filed a pro se habeas petition under 28 U.S.C. § 2241 seeking to apply time credits under the First Step Act. The district court denied the petition after concluding that Gonzales was statutorily ineligible to apply those credits.

On appeal, Gonzales argued that the district court improperly assessed his credibility, failed to consider the totality of the circumstances, and denied him a full and fair hearing in violation of the Fifth Amendment’s Due Process Clause. He also requested appointed counsel.

The Court’s Holding

The Fifth Circuit affirmed. Under 18 U.S.C. § 3632(d)(4)(E)(i), a person subject to a final order of removal is ineligible to apply First Step Act time credits. The Bureau of Prisons submitted evidence that Gonzales was subject to such an order, and Gonzales did not contend otherwise.

The record therefore supported the district court’s determination that Gonzales could not apply First Step Act credits. The court also denied his request for appointed counsel because he had not shown exceptional circumstances warranting an appointment.

Key Takeaways

  • A federal prisoner subject to a final removal order is statutorily ineligible to apply First Step Act time credits.
  • Evidence of Gonzales’s final removal order, which he did not dispute, supported denial of his § 2241 petition.
  • The Fifth Circuit affirmed the denial of habeas relief and denied Gonzales’s request for appointed counsel.

Why It Matters

The decision applies the First Step Act’s express exclusion for prisoners subject to final removal orders. In a § 2241 challenge seeking application of time credits, undisputed evidence of such an order can resolve eligibility without requiring consideration of the prisoner’s additional arguments concerning the district court’s evaluation of the case.

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