Warden

(HC) Valdez Mendez v. Warden

Good Law
United States District Court, Eastern District of CaliforniaMay 2, 20231:22-cv-01416California560 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

LUIS MIGUEL VALDEZ MENDEZ, Case No. 1:22-cv-01416-EPG-HC

Petitioner, ORDER FOR SUPPLEMENTAL BRIEFING

v. ORDER DIRECTING RESPONDENT TO

FILE RESPONSE TO MOTION FOR

WARDEN, FCI MENDOTA, TEMPORARY RESTRAINING ORDER

Respondents.

16 Petitioner Luis Miguel Valdez Mendez is a federal prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. Petitioner challenges a Federal Bureau of Prisons’ policy of refusing to allow prisoners with immigration detainers to earn time credits under the First Step Act. On January 13, 2023, Respondent filed a motion to dismiss the petition, arguing that “this Court should dismiss the petition for lack of Article III standing and ripeness, and statutorily for lack of jurisdiction under § 2241.” (ECF No. 8 at 1.)1 On February 6, 2023, the Bureau of Prisons (“BOP”) issued Change Notice 5410.01 CN- 1, which, inter alia, struck language from Program Statement 5410.01 relating to inmates with 25…

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