Alao v. Warden, FMC Fort Worth

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
FORT WORTH DIVISION
A FEEZ A BIOLA A LAO,
Petitioner,
v. 	No. 4:25-cv-1023-P
W ARDEN, FMC F ORT W ORTH ,
Respondent.
OPINION AND ORDER
Came on for consideration the petition of Afeez Abiola Alao under 28
U.S.C. § 2241. The Court, having considered the petition, the response,
the reply, the record, and applicable authorities, concludes that the
petition must be DENIED.
Petitioner is serving a 75-month sentence for conspiracy to commit
wire fraud, in violation of 18 U.S.C. §§ 1349 & 1343, and aggravated
identity theft, in violation of 18 U.S.C. § 1028A. ECF No. 9 at App. 005–
006. He contends that his convictions do not disqualify him from being
awarded time credits under the First Step Act (“FSA”) and that his
judgment does not contain a finding of removability or final order of
removal. ECF No. 1 at 1.
The FSA authorizes the Bureau of Prisons (“BOP”) to grant time
credits to eligible inmates. 18 U.S.C. § 3624(g). Calculation of time
credits lies within the discretion of the BOP. 18 U.S.C. § 3624(b). “An
eligible inmate . . . may earn FSA Time Credits for programming and
activities in which he or she participated from December 21, 2018, until
January 14, 2020,” and “may earn FSA Time Credit if he or she is
successfully 	participating 	in 	EBRR 	[Evidence-Based 	Recidivism
Reduction] programs or PAs [Productive Activities] that the Bureau has
recommended based on the inmate’s individualized risk and needs
assessment 	on 	or 	after 	January 	15, 	2020.” 	28 	C.F.R. 	§ 523.42(b).
Depending on his or her status, an inmate may earn either ten or fifteen
days’ credit for every thirty-day period of successful participation in
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EBRR Programs or PAs recommended. 28 C.F.R. § 523.42(c). Assuming
the 	inmate 	meets 	the 	eligibility 	criteria 	set 	forth 	in 	18 	U.S.C.
§ 3632(g)(1), and has a term of supervised release to serve, the BOP may
apply the credits to transfer the inmate to supervised release up to
twelve months early. 18 U.S.C. § 3624(g)(3); 28 C.F.R. § 523.44(d). The
FSA time credits are applied when the inmate has earned time credits
in an amount that is equal to the remainder of his or her term of
imprisonment. 18 U.S.C. § 3624(g)(1)(A).
Certain 	convictions 	disqualify 	inmates 	from 	earning 	FSA 	time
credits. 18 U.S.C. § 3632(d)(4)(D). In addition, an inmate who is the
subject 	of 	a 	final 	order 	of 	removal 	under 	any 	provision 	of 	the
immigration 	laws 	is 	ineligible 	to 	apply 	time 	credits. 	18 	U.S.C.
§ 3632(d)(4)(E)(i); 28 C.F.R. § 523.44(a)(2). Petitioner has a final order
of removal against him.1 ECF No. 9, App. 021. Accordingly, he is not
eligible for time credits.
SO ORDERED on this 6th day of January 2026.
1He argues, but has not shown, that there is no final order of removal against him.
Petitioner bears the burden of proof. Villanueva v. Tate, No. H-25-3364, 2025 WL
2774610, at *4 (S.D. Tex. Sept. 26, 2025).
MARK T. P ITTMAN
UNITED STATES D ISTRICT JUDGE
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