Warden

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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

12 Petitioner, ORDER DISCHARGING ORDER TO

SHOW CAUSE AND VACATING

13 v. DECEMBER 21, 2023 FINDINGS AND

RECOMMENDATION

14 WARDEN, (ECF Nos. 6, 8) 15 Respondent.

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17 18 Petitioner is a federal prisoner proceeding pro se with a petition for writ of habeas corpus 19 pursuant to 28 U.S.C. § 2241. 20 In the petition for writ of habeas corpus, Petitioner challenges a Federal Bureau of 21 Prisons’ policy (Program Statement 5410.01), alleging that the policy excludes inmates with 22 immigration detainers, such as Petitioner, from applying their First Step Act (“FSA”) Earned 23 Time Credits (“FTCs”). (ECF No. 1 at 6.1) On October 17, 2023, the Court ordered Petitioner to 24 show cause why the petition should not be dismissed for failure to exhaust administrative 25 remedies. (ECF No. 6.) As Petitioner did not file a response to the order to show cause, the Court 26 issued findings and recommendation to dismiss the petition for failure to…