Romano v. Warden, FCI Fairton

Amicus brief challenging the federal government’s authority to remove people from their homes, jobs, and loved ones and remand them to federal prison absent any alleged violation or process.

In June 2022, the Federal Bureau of Prisons (“BOP”) released Michael Romano to home confinement pursuant to the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act. Mr. Romano spent nearly one month living at home, reconnecting with his loved ones, and reintegrating into his community. Then in July 2022—absent any alleged wrongdoing—BOP suddenly revoked Mr. Romano’s home confinement and re-imprisoned him. Since then, Mr. Romano has spent over two years in prison, without any alleged violation or opportunity to explain that revocation is unwarranted.

Mr. Romano filed a habeas corpus petition in federal district court arguing that revoking his home confinement without due process violates his constitutional rights. The ACLU and ACLU of New Jersey filed an amicus brief explaining that people on home confinement have a liberty interest akin to people on parole and probation and should be entitled to the same due process protections required when parole is revoked. It urges the Court to hold that BOP violated Mr. Romano's constitutional due process rights and, as a remedy, restore him to home confinement.

Ruling against Mr. Romano, the district court dismissed the habeas petition for lack of jurisdiction. The court expressed serious concerns that the revocation was “unfair, unjust, and done without any process" yet stated that it was constrained by its reading of Third Circuit precedent to hold that the court lacked jurisdiction under 28 U.S.C. § 2241.

In Mr. Romano’s appeal, the ACLU and ACLU-NJ filed an amicus brief explaining why jurisdiction is appropriate under Supreme Court precedent and a proper reading of Third Circuit precedent. The brief also elucidates the stakes of shielding revocations from judicial review, highlighting examples of revocations carried out with no process for minor alleged technical violations or absent any wrongdoing at all.