Koko v. Neely

Egobundu Kate Koko filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241 against Kimberly Neely in the U.S. District Court for the Northern District of Alabama on January 26, 2024. Koko sought release to home confinement under the CARES Act. The magistrate judge recommended dismissal, finding that Koko had no enforceable constitutional right to home confinement and that the CARES Act does not grant district courts authority to transfer federal inmates to home confinement. Koko objected, claiming exhaustion of administrative remedies, unfair subjection to a removal order, and that she was nonviolent and not a flight risk. The court adopted the magistrate judge's recommendation and dismissed the petition with prejudice on June 3, 2025.

The petition for a writ of habeas corpus was dismissed with prejudice on June 3, 2025.

Whether the petitioner had a constitutional or statutory right to be released to home confinement under the CARES Act, and whether the district court had authority to order such a transfer.

The case underscores the limits of judicial authority under the CARES Act regarding home confinement decisions, affirming that such determinations rest with the Bureau of Prisons rather than the courts. It also highlights the challenges faced by federal inmates subject to removal orders in seeking alternative forms of custody.