BOP Program Statement 5140.42 § 9

OEO cannot approve a transfer if the inmate has a pending appeal or a collateral attack on his/her

conviction or sentence. The judgment must be final. The applicant should not apply for

transfer until the appeal process or collateral attack has concluded.

Note: An appeal challenges the decisions made in the same case. A collateral attack is a motion

filed pursuant to 28 U.S.C. § 2255, which challenges some aspect of a former judgment due to an

allegation of injustice or unconstitutional treatment.

If an inmate advises his/her case manager that he/she has a pending appeal or collateral attack,

the case manager advises him/her that a transfer cannot be approved until a final judgment is

received. The status of the pending appeal or collateral attack is addressed during scheduled

program reviews. The inmate should be advised that he/she can notify staff of the Court’s

decision or any changes to the appeal or attack before program reviews. Once a final judgment

has been issued, staff submit the following to the Assistant Administrator, Correctional Programs

Branch:

P5140.42 4/10/2015 Federal Regulations from 28 CFR: this type. Implementing instructions: this type. 16

■ A memorandum indicating the inmate’s case is no longer on appeal or has a collateral attack

pending.

■ Documentation from the court showing the appeal or attack was dismissed, withdrawn,

resolved, etc.

■ An updated BP-A0297, Transfer Inquiry.

■ Application or reapplication packet.