Compassionate Release

Step one: a request to the warden

He has to start with a written request to the warden. He can take it to court once the Bureau of Prisons denies it and he has finished appealing, or 30 days after the warden received the request, whichever comes first. Keep a copy of the request and proof of the date the warden got it.

What can count

The law requires "extraordinary and compelling reasons." The Sentencing Commission's policy statement lists the kinds of reasons courts look at, including:

• Medical: a terminal illness, or a serious condition that limits his ability to care for himself, or that needs specialized care the prison is not providing.
• Age: 65 or older with serious decline from aging, after serving at least 10 years or 75 percent of the sentence, whichever is less.
• Family: the death or incapacity of the person caring for his minor child, or a spouse or parent who is incapacitated and has no one else to care for them.
• Abuse in custody: sexual abuse, or physical abuse causing serious injury, by prison staff.

More on who actually qualifies.

What no longer works

In May 2026 the Supreme Court closed two arguments. A change in sentencing law that Congress did not make retroactive cannot be the reason, alone or combined with others. And an argument that the conviction or sentence was unlawful belongs in a § 2255 motion, not here. See what changed.

The judge still decides

Even with a qualifying reason, the judge weighs the ordinary sentencing factors, including the offense, how he has done in prison, and public safety, and can still say no. A clear release plan helps: where he will live, who will help him, and how his medical care will be covered.

What you can do this week

1. Gather his medical records, or the records that show the family need, such as a death certificate or a doctor's letter about the caregiver.
2. Help him write a dated request to the warden, and keep a copy.
3. Mark the date 30 days after the warden received it.
4. Start the release plan: an address, who he will live with, doctors, and insurance.