Warden

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

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

Petitioner, ORDER DISCHARGING ORDER TO

SHOW CAUSE AND VACATING

v. DECEMBER 21, 2023 FINDINGS AND

RECOMMENDATION

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

17 Petitioner is a federal prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. In the 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 for failure to exhaust administrative remedies. (ECF No. 6.) As Petitioner did not file a response to the order to show cause, the Court issued findings and recommendation to dismiss the petition for failure to…