Warden

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 WILMER A. HERNANDEZ-CANO, No. 1:23-cv-00216-HBK (HC) Petitioner,

ORDER GRANTING RESPONDENT’S

v. MOTION TO DISMISS1

WARDEN, FCI MENDOTA,

15 Respondent. 16 Petitioner Wilmer A. Hernandez-Cano (“Petitioner”), a former federal inmate, initiated this action on February 6, 2023, by filing a pro se petition for writ of habeas corpus under 28 U.S.C. § 2241 while he was incarcerated at Federal Correctional Institution (“FCI”) Mendota, located in Fresno County, California, which is within the venue and jurisdiction of this Court. (Doc. No. 1, “Petition”). The Petition asserts a single claim: the Bureau of Prisons (“BOP”) unlawfully restricts “non-U.S. citizens” from applying earned time credits (FTCs) in contravention of the First Step Act. (Doc. No. 1 at 2); see 18 U.S.C. § 3632(d)(4)(A), (C) (providing that time credits earned from completion of evidence-based recidivism reduction programming productive activities shall be applied toward time in…