If I am denied early termination of my federal parole, can I challenge the U.S. parole commission’s decision?
Yes.[1046] You can appeal to the National Appeals Board.[1047] However, the National Appeals Board does not often reverse the decision of the Parole Commission, unless an error was made. There are several steps to challenge the Parole Commission’s decision not to let you off federal parole early. Please see the Appendix JJ, PG. 327 for full details on each step.
You may send a written appeal to the National Appeals Board challenging any decision to grant (other than a decision to grant parole on the date of parole eligibility), rescind, deny, or revoke parole.
NOTE: If you want to appeal a decision denying your parole on the date of parole eligibility, you instead need to submit a “petition of reconsideration” to the USPC.[1048]
Use the proper form (Parole Form I-22)[1049] and file your written appeal within 30 days from the date of entry of the decision that you are appealing. If you don’t file within 30 days of the decision, you lose your right to challenge/appeal it.
OTHER REQUIREMENTS OF YOUR APPEAL:
- The appeal must include an opening paragraph that briefly summarizes the legal grounds for the appeal.
- You should then list each ground separately and clearly explain the reasons or facts that support each ground.
If you’re appeal doesn’t meet these requirements, the USPC may return it to you, in which case have 30 additional days from the date the appeal is returned to submit an appeal that meets the above requirements.
LEGAL GROUNDS FOR YOUR APPEAL CAN INCLUDE:
- That the guidelines were wrongly applied in your:
- Severity rating;
- Salient factor score;
- Time in custody;
- That a decision outside the guidelines was not supported by the reasons or facts as stated;
- That especially mitigating circumstances (for example, facts relating to the severity of the offense or your probability of success on parole) justify a different decision;
- That a decision was based on wrong information, and the correct facts justify a different decision;
- That the USPC did not follow correct procedure in deciding the case, and a different decision would have resulted if it would have followed the right procedure;
- There was important information that you did not know at the time of the hearing;
- There are compelling reasons why a more lenient decision should be given on grounds of compassion
- The Attorney General (AG) may file an appeal by making a written request to have the Regional Commissioner’s regarding decision regarding an individual’s federal parole. The request by the AG must be within 30 days of the Commissioner’s decision. The National Board of Appeals will have 60 days, after receiving the AG’s request, to reaffirm, modify or reverse the Commissioners decision. The Board of Appeals decision has to be provided in writing to both the AG and prisoner the appeal relates to.[1050]
How can I strengthen my appeal?
You can provide additional information for the USPC to consider in an addendum to your original appeal. An addendum is when you have new or additional information you would like to give to USPC, but you have already turned in your application. You can send the new information to USPC with a note that you would like to attach the new information as an “addendum.” You can attach exhibits (photos, documents that help your case, etc.) to your appeal, but the exhibits shouldn’t be copies of documents that the USPC already has.