(HC) Garcia v. Warden, FCI Mendota

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

JOSE A. GARCIA, Case No. 1:23-cv-00833-SAB-HC

Petitioner, ORDER DIRECTING RESPONDENT TO

FILE COPY OF PETITIONER’S

v. PURPORTED FINAL ORDER OF

REMOVAL AND SUPPLEMENTAL BRIEF

WARDEN, FCI MENDOTA,

Respondent.

16 Petitioner is a federal prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241 that challenges a Federal Bureau of Prisons’ policy that excludes inmates with immigration detainers from applying their First Step Act (“FSA”) Earned Time Credits (“FTCs” or “ETCs”). (ECF No. 1.) Respondent has moved to dismiss the petition, arguing, among other grounds, that “Petitioner has been determined ineligible to apply FSA ETCs” because “BOP, Department of Homeland Security, and Immigration and Customs Enforcement (ICE) records indicate Petitioner has a ‘final order of removal’.” (ECF No. 11 at 2.)1 Respondent has submitted a declaration from a Correctional Programs Administrator for the Western Region of the…