UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF MISSISSIPPI NORTHERN DIVISION

BRAYNER GERONIMO-ZORRILLA PETITIONER

V. CIVIL ACTION NO. 3:24-CV-723-KHJ-MTP

WARDEN SHANNON D. WITHERS RESPONDENT

ORDER

Before the Court is pro se Petitioner Brayner Geronimo-Zorrilla’s [1] Petition for Writ of Habeas Corpus under

. Geronimo-Zorrilla is an alien incarcerated by the Bureau of Prisons (BOP), and he seeks an injunction preventing the BOP from possibly lengthening his sentence. [1] at 1, 10. For the reasons stated, the Court dismisses this case without prejudice for lack of standing. Geronimo-Zorrilla alleges that the BOP has awarded him sentencing credits under the First Step Act. at 2–4. He contends that the BOP has correctly calculated his sentence. But he claims that “many inmates in different BOP prisons” are not receiving these credits, even though they “do not have a final order of removal issued by a federal immigration judge.” at 2. So Geronimo-Zorrilla “is challenging the pos[s]ibility that the BOP . . . may remove [his] earn[ed] time credits . . . from [his] sentence . . . .” at 3. He asks the Court “to order the BOP to keep and not remove [his] . . . credits . . . from [his] computation [of] sentence as [he has] been classified by the BOP . . . as eligible and has been granted . . . the . . . credits.” at 10. Geronimo-Zorrilla does not seek speedier release; instead, he seeks a protective order against the BOP. “To seek injunctive relief, a plaintiff must show,” among other things, “that he is under threat of suffering injury in fact that is

concrete and particularized.” ,

(2009) (cleaned up). The threat of injury “must be actual and imminent, not conjectural or hypothetical.” The “threatened injury must be ,” and “allegations of future injury are not sufficient.” ,

(2013) (cleaned up). Geronimo-Zorrilla contends that the BOP has correctly calculated his sentence and awarded him First Step Act credits. [1] at 8. He does not allege that

anyone has threatened to take away these credits. He merely alleges that “many” inmates at “different” prisons are being wrongfully denied their credits. at 2. The allegation that unnamed prisoners at other prisons may be losing their First Step Act credits is insufficient to imply that the threatened injury—loss of Geronimo- Zorrilla’s credits—is “certainly impending.” ,

(cleaned up). On this record, any such injury is too speculative. Because he fails to plausibly

allege an injury in fact, Geronimo-Zorrilla lacks standing to pursue his claim. For the reasons stated, the Court DISMISSES this case without prejudice for lack of standing. The Court will issue a separate final judgment consistent with this Order. The Clerk of Court shall mail this Order and the final judgment to Geronimo-Zorrilla at his address of record. SO ORDERED, this 7th day of March, 2025. s/ UNITED STATES DISTRICT JUDGE