Leobardo Chavez Barrientos v. Warden F.C.C. Lompoc

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 10 LEOBARDO CHAVEZ Case No. 2:24-cv-00066-KK-PD

BARRIENTOS,

12 Petitioner, ORDER DISMISSING

PETITION WITHOUT

v. PREJUDICE AS MOOT

WARDEN F.C.C. LOMPOC, ET AL.,

15 Respondents.

18 On January 2, 2024, Leobardo Chavez Barrientos (“Petitioner”), proceeding pro se and at that time incarcerated at the Federal Correctional Institution in Lompoc, California (“FCI-Lompoc”), filed a petition pursuant to 28 U.S.C. § 2241 claiming that the Bureau of Prison’s (“BOP”) unlawfully refused to apply First Step Act (“FSA”) credits to his sentence. [Dkt. No. 1.] Petitioner contends that his immigration status is unclear, he lawfully entered the United States on September 4, 2015, he is subject only to an immigration detainer, not a final order of removal, and the BOP improperly refused to apply his FSA credits.1 [Id. at 8.] The government filed a motion to

1 Petitioner filed a separate action in this district regarding the denial of his dismiss, Petitioner…