After the BOP denied Agapito Garza’s request to serve the remainder of his sentence, some four years, in a halfway house, Garza filed a habeas petition contesting the denial. Garza did not exhaust his administrative remedies before bringing suit, though.
The district court dismissed Garza’s petition on exhaustion grounds, and the Tenth Circuit affirmed. Garza had argued on appeal that exhaustion was futile because of the BOP’s categorical practice of denying halfway house to prisoners with more than six months remaining to serve. Nonetheless, the Tenth Circuit concluded that Gorza had administrative remedies available because of the higher levels of review afforded by the grievance process (BOP’s regional and national office).
Furthermore, Garza could not escape exhaustion by couching his attack against the validity of a BOP regulation itself since the regulation at issue did not plainly forbid the relief Garza was seeking, the court concluded.
See: Garza v. Davis, 596 F.3d 1198 (10th Cir. 2010).
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Related legal case
Garza v. Davis
|Cite||596 F.3d 1198 (10th Cir. 2010)|
|Level||Court of Appeals|