Daniel Rodriguez v. Paul Copenhaver

Partial Concurrence and Partial Dissent by Judge TASHIMA

OPINION

SILVERMAN, Circuit Judge:

Federal prisoner Daniel Rodriguez appeals the district court’s dismissal of his 28 U.S.C. § 2241 habeas petition challenging *1240the Bureau of Prisons’ denial of a discretionary nunc pro tunc designation of a state prison for service of his federal sentence pursuant to 18 U.S.C. § 3621(b).

We hold that the district court erred by dismissing the petition for lack of jurisdiction. The district court had jurisdiction to consider Rodriguez’s claims that the Bureau of Prisons violated the Constitution, exceeded its…