Arviza

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JUAN PABLO ALVAREZ, No. 1:23-cv-00524-HBK (HC) Petitioner,

ORDER GRANTING RESPONDENT’S

v. MOTION TO DISMISS1

(Doc. No. 8)

ARVIZA, WARDEN,

15 Respondent. 16 Petitioner Juan Pablo Alvarez (“Petitioner”), a former federal inmate, initiated this action on April 5, 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 excludes Petitioner from applying earned time credits (FTCs) because of his immigration status, in contravention of the First Step Act. (Doc. No. 1 at 6); see 18 U.S.C. § 3632(d)(4)(A), (C) (providing that time credits earned from completion of evidence-based recidivism reduction programming…