Warden

(HC) Meza v. Warden

Good Law
United States District Court, Eastern District of CaliforniaApril 1, 20241:23-cv-01736California871 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

MARIANO MEZA, Case No. 1:23-cv-01736-EPG-HC

Petitioner, ORDER DISCHARGING ORDER TO

SHOW CAUSE

v. (ECF No. 5) WARDEN, Respondent.

16 Petitioner Mariano Meza is a federal prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. The Court ordered Petitioner to show cause why the petition should not be dismissed for failure to exhaust administrative remedies, and Petitioner has filed a response. (ECF Nos. 5, 7.) In the petition, Petitioner challenges a Federal Bureau of Prisons’ (“BOP”) policy (Program Statement 5410.01), alleging that it excludes eligible inmates, including Petitioner, from applying First Step Act (“FSA”) time credits (“FTCs” or “ETCs”) on the basis of having an immigration detainer with a box stating “deportation or removal from the United States has been ordered” checked off. (ECF No. 1 at 2, 18. 1) Program Statement 5410.01 used to provide that “[w]hile inmates with unresolved pending charges and/or detainers…

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