Alvarez v. Unknown Party

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Angel Alvarez,
Petitioner,
vs.
Unknown Party, named as Warden Safford
F.C.C.
Respondent.
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No. CV-25-00430-TUC-AMM (MAA)
REPORT AND
RECOMMENDATION
On August 1, 2025, Angel Alvarez, an inmate confined in the Federal Correctional
Institution (“FCI”) in Safford, AZ, filed a Petition for Writ of Habeas Corpus pursuant to Title
28, United States Code, Section 2241. Doc. 1. Alvarez claims that he has accumulated Earned
Time Credits (“ETCs”) pursuant to the First Step Act (“FSA”) and he should be transferred to
a halfway house on 12/17/2025. Doc. 1, p. 4. He argues, among other things, that the Bureau
of Prisons cannot refuse to transfer him just because the halfway house is “full.” Doc. 1-1, p.
2.
The respondent, the warden at FCI Safford, filed an answer on December 15, 2025. Doc.
12. Alvarez did not file a reply.
Pursuant to the Local Rules of Practice, this matter was referred to the Magistrate Judge
for a report and recommendation. Doc. 4. The petition should be dismissed as moot. In the
alternative, it should be dismissed as not ripe. The court does not reach the respondent’s
remaining objections. Doc. 12.
Case 4:25-cv-00430-AMM Document 13 Filed 03/03/26 Page 1 of 3

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Discussion
The First Step Act (“FSA”) allows an eligible prisoner to earn time credits toward
prerelease custody or supervised release. 18 U.S.C. § 3632(d)(4)(C). Alvarez claims that his
earned time credits (“ETCs”) make him eligible for prerelease custody by 12/17/2025 if not
before. Doc. 1, p. 4.
The respondent disagrees with Alvarez’s calculation. He asserts that Alvarez’s projected
release date is May 10, 2027 and Alvarez had 345 days of ETCs as of November 16, 2025, the
last date for which the respondent had information. Doc. 12, pp. 10-11. The pertinent statute
explains that ETCs cannot be applied until the prisoner is “eligible,” that is, when he “has
earned time credits . . . in an amount that is equal to the remainder of the prisoner’s imposed
term of imprisonment.” 18 U.S.C. § 3624(g)(1)(A). Under the statute, Alvarez cannot become
“eligible” until May 30, 2026, which is 345 days before his projected release date. See Id.
Alvarez might become “eligible” sooner if he earned more ETCs. The respondent argues that
the petition is not yet ripe. Doc. 12, pp. 10-11.
The respondent further explains that Alvarez was transferred to prerelease custody on
October 15, 2025 and the petition is now moot. Doc. 12, p. 12; Doc. 12-1, ¶ 49. Alvarez did
not file a reply brief.
RECOMMENDATION
The Magistrate Judge recommends that the District Court, after its independent review
of the record, enter an order dismissing the petition. Doc. 1. Alvarez has already been
transferred to prerelease custody. The petition is moot. In the alternative, the petition should
be dismissed because it is not yet ripe. The court does not reach the respondent’s remaining
objections.
Pursuant to 28 U.S.C. §636 (b), any party may serve and file written objections within
14 days of being served with a copy of this Report and Recommendation. If objections are not
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timely filed, they may be deemed waived. The Local Rules permit a response to an objection.
They do not permit a reply to a response without the permission of the District Court.
Dated this 3rd day of March, 2026.
Case 4:25-cv-00430-AMM Document 13 Filed 03/03/26 Page 3 of 3