Is a warden denial the end?
No. The person can file in court 30 days after the warden received the request, or sooner if they finish the Bureau's appeals — whichever comes first (18 U.S.C. § 3582(c)(1)(A)). The warden does not have the last word. The judge decides whether there are “extraordinary and compelling reasons” — reasons unusual and serious enough to shorten the sentence.
What do Bureau denial rules say?
The warden, the Bureau's General Counsel, and the Director can each deny a request, and each must give the reasons in writing. A warden denial can be appealed through the Administrative Remedy Program (forms BP-9, BP-10, and BP-11). A denial by General Counsel or the Director is final inside the Bureau (28 C.F.R. § 571.63; Program Statement 5050.51). None of that blocks a court motion once 30 days have passed since the warden got the request.
The appeal steps are strict. The first appeal goes back to the warden on form BP-9. If the warden says no again, the next appeal goes to the Regional Director on form BP-10 within 20 calendar days of the warden's response, and then to the General Counsel on form BP-11 within 30 calendar days of the Regional Director's response (28 C.F.R. § 542.15). Keep a copy of every form and every answer.
Before 2018, a final no from the Bureau ended the matter, because only the Bureau could ask a court for release. The First Step Act changed that. For real examples of how the Bureau handled requests before then, see six people denied compassionate release by the BOP.
What should you look at before you file again?
Read the denial, then reread the request. If the medical or family facts have changed, update them. If the proof was thin, get the records from the prison or by a Freedom of Information Act request — see the medical records page. Then check whether the facts fit one of the reasons in U.S.S.G. § 1B1.13(b). Fitting a category does not guarantee a yes.
What if the court already said no?
A judge's denial is different. You may be able to appeal, but the notice of appeal is usually due within 14 days after the order is entered on the court's docket, not from when you receive or read it (Federal Rule of Appellate Procedure 4(b)(1)(A)). Check the docket right away. You can also file a new motion later if the facts change — for example, if the person's health gets worse.
A new motion has to be about the person's situation now. Asking for the benefit of a later sentencing change Congress did not make retroactive no longer works (Rutherford v. United States, May 28, 2026). Arguing the conviction is wrong belongs in a 2255 motion (Fernandez v. United States, May 28, 2026). Good conduct cannot be the only reason (28 U.S.C. § 994(t)). See who may qualify and the process.
More on what to do after a denial
Original page last updated November 19, 2019. Statements about the law were updated in October 2026; the box below gives today’s rules.
For many years, the Bureau of Prisons denied most compassionate release requests. The New York Times reported that between 2013 and 2017 the Bureau received 5,400 applications and granted only 350. A denial still happens often. But since 2018, a warden's "no" is not the end: the person can go to court 30 days after the warden received the request (18 U.S.C. § 3582(c)(1)(A)).
How the Bureau handles denials
The rules are in 28 C.F.R. § 571.63 and Bureau of Prisons Program Statement 5050.51 (September 3, 2026).
The warden, the Bureau's General Counsel, and the Director can each deny a request, and each must give "written notice and a statement of reasons for the denial." A warden's denial can be appealed through the Administrative Remedy Program. A denial by General Counsel or the Director is a "final administrative decision" and cannot be appealed inside the Bureau.
Take a fresh look at the request
Read the denial, then reread the request. Have the medical or family facts changed? If so, update them. Was the proof thin? Then get the records and attach them.
The person can ask the prison's medical records office for a full copy of their medical records, or use a Freedom of Information Act (FOIA) request. Read the records and pick the ones that best show how serious the situation is.
Next, check which reason the request was based on. Go through it point by point and make sure the facts and records cover each part of the rule. Ask whether a different reason fits better.
Make the request easy to read. Typed is better than handwritten. Ask someone outside to help edit it if you can.
Resubmitting the request
The request can go in the housing unit mailbox, addressed to the warden. A safer way is to give the whole packet, request and records, to the case manager in an envelope addressed to the warden, and ask them to pass it on. Keep a copy and note the date.
Timing
Timing is hard. The person has to fit one of the current reasons (Program Statement 5050.51 and U.S.S.G. § 1B1.13(b)), but waiting too long can put their health at risk. Filing too early can also backfire if officials decide the request was premature and hold that view later.
There is no fixed rule. Keep these points in mind when deciding when to file.
Getting help
You can do this on your own. If you want help with a first request, a denial, or a new request, Request a consultation.
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Common questions
Can you appeal a compassionate release denial?
Yes, but how depends on who said no. A warden’s denial is appealed inside the Bureau of Prisons through the Administrative Remedy Program: first to the warden on form BP-9, then to the Regional Director on form BP-10 within 20 calendar days of the warden’s response, then to the General Counsel on form BP-11 within 30 calendar days of the Regional Director’s response (28 C.F.R. part 542, subpart B). A denial by the General Counsel or the Director is final inside the Bureau (Program Statement 5050.51, section 11). A judge’s denial of a court motion is appealed to the federal court of appeals.
Can you file a compassionate release motion if the warden denies the request within 30 days?
Yes, once the timing rule is met. The motion can be filed 30 days after the warden received the request, or earlier if the person has finished the Bureau’s appeals, whichever comes first (18 U.S.C. § 3582(c)(1)(A)). A quick denial does not start the 30 days over; the person either waits out the 30 days or finishes the appeals through form BP-11 (Program Statement 5050.51, section 11).
Who can deny a compassionate release request in the Bureau of Prisons?
Three officials: the warden, the Bureau’s General Counsel, and the Director. Each must give the person written notice and a statement of reasons, and the Director must answer within 20 workdays after receiving the General Counsel’s referral (28 C.F.R. § 571.63; Program Statement 5050.51, section 11).
Can you ask for compassionate release again after a denial?
Yes. Neither the statute nor the Bureau’s regulation limits how many requests a person can make (28 C.F.R. § 571.61), and a new request makes the most sense when the facts have changed, such as worse health. One exception: the Bureau will not consider a request from someone who already received a reduction, was released, and came back to its custody (Program Statement 5050.51, section 3).