Warden

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

JOSE ARELLANO-CIGFUEGO, Case No. 1:23-cv-01351-WBS-SAB-HC

Petitioner, FINDINGS AND RECOMMENDATION

RECOMMENDING RESPONDENT’S

v. MOTION TO DISMISS BE GRANTED AND

PETITION FOR WRIT OF HABEAS

WARDEN, CORPUS BE DISMISSED

Respondent. (ECF No. 17)

16 Petitioner is a federal prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. I. BACKGROUND In the instant petition for writ of habeas corpus, Petitioner challenges a Federal Bureau of Prisons’ policy (Program Statement 5410.01), alleging that the policy excludes inmates with immigration detainers, such as Petitioner, from applying their First Step Act (“FSA”) Earned Time Credits (“FTCs” or “ETCs”). (ECF No. 1 at 6.1) On October 17, 2023, the Court ordered Petitioner to show cause why the petition should not be dismissed for failure to exhaust administrative…