Warden

(HC) Briones-Pereyra v. Warden

Good Law
United States District Court, Eastern District of CaliforniaMarch 26, 20241:23-cv-01718California896 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

JORGE BRIONES-PEREYRA, Case No. 1:23-cv-01718-SAB-HC

Petitioner, ORDER DISCHARGING ORDER TO

SHOW CAUSE

v. (ECF No. 5) WARDEN,

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. On December 21, 2023, the Court ordered Petitioner to show cause why the petition should not be dismissed for failure to exhaust administrative remedies. (ECF No. 5.) On January 4, 2024, Petitioner filed a response. (ECF No. 7.) In the petition, Petitioner challenges a Federal Bureau of Prisons’ policy (Program Statement 5410.01) that 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) The petition also states that “[a]ny appeal to BOP policy would be futile” because the petition concerns “a legal question of law.” (Id. at 7.) On November 18, 2022, the Federal Bureau of Prisons (“BOP”) …

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