Case Name in Immigration Case - Unavailable

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
DOMINGO BEATO-ESTRELLA, 	: 	CIVIL ACTION NO. 3:26-CV-245
:
Petitioner 	: 	(Judge Neary)
:
v. 	:
:
M. ARVIZA,1 	:
:
Respondent 	:
MEMORANDUM
Petitioner Domingo Beato-Estrella, proceeding pro se, filed a petition (Doc. 1)
for a writ of habeas corpus seeking the removal of an immigration detainer placed
upon him by the U.S. Immigration and Customs Enforcement (“ICE”). (Doc. 2 at 3).
He argues this detainer deprives him of eligibility for earned time credits,
meaningful consideration for Residential Reentry Center placement, and a potential
transfer to community custody. (Id.).
A federal prisoner can bring a habeas petition when he is challenging “the
execution of his sentence.” Cardona v. Bledsoe, 681 F.3d 533, 535 (3d Cir. 2012)
(quoting Woodall v. Fed. Bureau of Prisons, 432 F.3d 235, 241 (3d Cir. 2005)). To
challenge the execution of a sentence, a prisoner must show the Bureau of Prisons
(“BOP”) is taking some action that is “inconsistent with a command or
recommendation in the sentencing judgment.” Id. at 537.
1 Though his petition named G. Swaney as the respondent, counsel has
clarified M. Arviza has recently transferred to become the warden of the facility
housing Beato-Estrella. (Doc. 6 at 1 n.1).
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As an initial manner, Beato-Estrella fails to mention his initial judgment at
all, let alone point to a specific command or recommendation the BOP is failing to
carry out. Moreover, none of the harms Beato-Estrella complains about can give rise
to a habeas action at this time. As pointed out by Warden Arviza, Beato-Estrella is
ineligible for good-time credits, a fact he does not deny. (See Doc. 7) (Beato-
Estrella’s reply where he does not contest his ineligibility for good-time credits). See
also, 18 U.S.C. § 3632(d)(4)(D)(lxvi) (excluding people convicted of distributing
fentanyl from earning good-time credits). As for his consideration for placement to a
Residential Reentry Center or community custody, no decision has been made yet,
nor could one be. A prisoner is only eligible for placement in a residential reentry
center or community corrections facility for up to the final year of his term of
imprisonment. 18 U.S.C. § 3624(c)(1). Beato-Estrella still has over a decade left to
serve, (Doc. 6-3 at ECF 3), so this claim is premature. Thus, no part of the execution
of Beato-Estrella’s sentence has been contrary to law at this point, and there is
nothing for this court to review.
The final aspect of Beato-Estrella’s filings that warrants further
consideration is the caselaw on which he relies. Addressing the least troubling case
first, Beato-Estella cites Galarza v. Szalczyk, 745 F.3d 634 (3d Cir. 2014). While this
is, indeed, a real case, it does not support Beato-Estrella’s position. Galarza held
that ICE detainers are requests to state officials, and these officials cannot simply
detain people without doing any further research as to whether a person should be
detained. Id. at 640. In this case, there is no question that Beato-Estrella should be
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detained; he committed a crime. So, Galarza does not assist in advancing Beat-
Estrella’s position.
The other cases Beato-Estrella cites are more troubling. He purports to cite
Santos v. Warden Allenwood FCI, No. 1:17-CV-02116, 2018 WL 1178251 (M.D. Pa.
Mar. 6, 2018), Rodriguez v. Ebbert, No. 3:14-CV-02404, 2015 WL 1810315 (M.D. Pa.
Apr. 21, 2015), and Cruz v. United States, No. 1:16-CV-01034, 2016 WL 8732312
(M.D. Pa. Dec.16, 2016) in support of his argument. (Doc. 2 at 3). The problem is
none of these cases appear to exist. Using the West Law reporter numbers, the
corresponding cases are Certain Underwriters at Lloyd’s, London v. Pettit, No. C17-
259RSM, 2018 WL 1178251 (W.D. Wash. Mar. 6, 2018) (involving the Oil Pollution
Act), D.S. v. Dep’t of Child. & Fams., 164 So. 3d 29 (Fla. Dist. Ct. App. 2015)
(involving a question of parental rights under Florida law), and Black Water Mgmt.,
LLC v. Sprenkle, No. 3:15CV365, 2016 WL 8732312 (E.D. Va. Sept. 30, 2016), aff’d,
691 F. App’x 715 (4th Cir. 2017) (involving a question of diversity jurisdiction).
None of these cases are even in the same subject matter as the present dispute.
Using the docket numbers of from this court fares no better. Under that
method, the correct cases are Firestone v. Rockovich, No. 1:17-CV-2116, 2018 WL
347728 (M.D. Pa. Jan. 10, 2018) (involving a state prisoner suit for deprivation of
property), Fagal v. Marywood Univ., No. 3:14-CV-02404, 2018 WL 1993790 (M.D.
Pa. Apr. 27, 2018), aff’d, 786 F. App’x 353 (3d Cir. 2019) (involving breach of
contract), and Drake v. Warden of Allenwood Low, No. 1:16-CV-01034, 2016 WL
7324529 (M.D. Pa. Dec. 16, 2016) (involving a habeas challenging attacking the
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conviction itself, not the execution of the sentence). These cases are similarly
irrelevant to the present dispute.
Beato-Estrella is cautioned that not all resources are created equal. For
example, AI programs have been known to hallucinate, or create fake cases, in
response to a user’s query. Benjamin v. Costco Wholesale Corp., 779 F. Supp. 3d
341, 342 (E.D.N.Y. 2025). The court understands legal research is difficult for
anyone, especially when considering the constraints of doing so while incarcerated.
Still, even though the court affords latitude to parties who are pro se, they must still
ensure to follow the rules of the court and cite to actual law.
In any event, it is clear the court does not have jurisdiction over Beato-
Estrella’s current petition. He has not pointed to any aspect of his original judgment
being ignored by the BOP. Nor is he presently eligible for any program to which an
ICE detainer is depriving access. Therefore, this matter will be dismissed without
prejudice for lack of subject matter jurisdiction.
/S/ K ELI M. N EARY
Keli M. Neary
United States District Judge
Middle District of Pennsylvania
March 16th, 2026
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