Warden

(HC) Arellano-Cigfuego v. Warden

Good Law
United States District Court, Eastern District of CaliforniaDecember 21, 20231:23-cv-01351California1,298 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

JOSE ARELLANO-CIGFUEGO, Case No. 1:23-cv-01351-SAB-HC

Petitioner, FINDINGS AND RECOMMENDATION TO

DISMISS PETITION FOR WRIT OF

v. HABEAS CORPUS

WARDEN, ORDER DIRECTING CLERK OF COURT

TO RANDOMLY ASSIGN DISTRICT

Respondent. JUDGE

16 Petitioner is a federal prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. I. BACKGROUND In the instant petition for writ of habeas corpus, Petitioner challenges a Federal Bureau of Prisons’ policy (Program Statement 5410.01), alleging that the policy excludes inmates with immigration detainers, such as Petitioner, from applying their First Step Act (“FSA”) Earned Time Credits (“FTCs”). (ECF No. 1 at 6.)1 On October 17, 2023, the Court ordered Petitioner to show cause why the petition should not be dismissed as moot and for failure to exhaust administrative remedies. (ECF…

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