Close

Petitioner Christopher Close and nine other similarly situated prisoners (collectively “Close” or “Petitioners”) appeal the district court’s judgment denying their 28 U.S.C. § 2241 habeas corpus petitions. These consolidated habeas petitions require us to consider the manner in which the Bureau of Prisons prioritizes a prisoner’s eligibility for entering into a Residential Drug Abuse Treatment Program. We have jurisdiction pursuant to 28 U.S.C. §§ 1291 and 2253. Finding no error in the Bureau of Prisons’ interpretation of the governing statute, 18 U.S.C. § 3621 (e)(1), we affirm the district court’s judgment.

I. Factual and Procedural Background

In 1990, Congress required that the Bureau of Prisons (“BOP”) provide substance abuse treatment for inmates with a treatable condition of substance addiction or abuse. 18 U.S.C. § 3621 (b). As a result, BOP instituted Residential Drug Abuse Treatment Programs (“RDAP”). Four years later, Congress amended § 3621, providing that BOP could reward inmates who successfully completed RDAP with early release. 18 U.S.C. § 3621 (e)(2)(B). The statute permits BOP to consider only nonviolent offenders for this early release incentive, and…