Torres v. United States of America
- Katherine Menendez
- 0:25-cv-02708
- U.S. District Court · District of Minnesota
- 2
In Torres v. United States of America, Judge Menendez adopted the magistrate judge's recommendation and denied Antolin Abonza Torres's petition seeking earlier release through federal sentence-reduction credits, because his final deportation order makes him ineligible for those credits under federal law.
Federal prisoners who are subject to a final order of removal (deportation) and are seeking to apply First Step Act earned-time credits toward early release from federal custody.
What happened
In Torres v. United States of America (No. 25-cv-2708), Antolin Abonza Torres filed a petition asking the federal court to order that he receive time credits under the First Step Act — a federal law that allows certain prisoners to earn credits toward earlier release by participating in rehabilitative programs. Mr. Torres argued he should be able to apply those credits to get out of federal custody sooner.
United States Magistrate Judge Elsa M. Bullard issued a Report and Recommendation on October 9, 2025, concluding that Mr. Torres is ineligible to use those time credits because he has a final order of removal (a final government decision that he must be deported from the United States). Federal law — specifically 18 U.S.C. § 3632(d)(4)(E)(i) — bars people subject to such final removal orders from applying First Step Act time credits toward early release. Mr. Torres did not file any objections to the magistrate judge's recommendation by the October 23, 2025 deadline.
Judge Katherine Menendez reviewed the Report and Recommendation for clear error, found none, and accepted it in full. On December 18, 2025, Judge Menendez denied Mr. Torres's petition and dismissed the case with prejudice, meaning he cannot refile this same claim in this court.
The detailed version
Case: Antolin Abonza Torres v. United States of America, No. 25-cv-2708 (KMM/EMB), U.S. District Court for the District of Minnesota. Decision issued December 18, 2025 by District Judge Katherine Menendez.
Background
Petitioner Antolin Abonza Torres filed an Amended Petition for a Writ of Habeas Corpus (a court order challenging the legality of his confinement) pursuant to 28 U.S.C. § 2241, seeking to compel the application of First Step Act (FSA) time credits to obtain an earlier release date from federal custody.
Legal Issue
The First Step Act, 18 U.S.C. § 3632(d)(4), allows eligible federal prisoners to earn time credits by participating in evidence-based recidivism reduction programs and apply those credits toward early transfer to prerelease custody or supervised release. However, § 3632(d)(4)(E)(i) expressly prohibits the application of such credits for any prisoner who is subject to a final order of removal under immigration law.
Magistrate Judge's Recommendation
On October 9, 2025, United States Magistrate Judge Elsa M. Bullard issued a Report and Recommendation (R&R) recommending that Torres's petition be denied. Judge Bullard found that because Mr. Torres is subject to a final order of removal, he is categorically ineligible under § 3632(d)(4)(E)(i) to apply FSA time credits toward an earlier release date.
No Objections Filed
Under District of Minnesota Local Rule 72.2(b)(1), Mr. Torres had 14 days — until October 23, 2025 — to file objections to the R&R. He filed none.
Standard of Review
In the absence of objections, the district court reviews the magistrate judge's R&R only for clear error, a deferential standard. The court cited Nur v. Olmsted Cnty., 563 F. Supp. 3d 946, 949 (D. Minn. 2021), and Grinder v. Gammon, 73 F.3d 793, 795 (8th Cir. 1996).
Ruling
Judge Menendez found no clear error in Judge Bullard's R&R, accepted it in full, denied the Amended Petition, and dismissed the case with prejudice. A final judgment will be entered.
Reviewer note from the AI+
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.