Warden
(HC) Valdez Mendez v. Warden
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…