Warden

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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

12 Petitioner, ORDER DISCHARGING ORDER TO

SHOW CAUSE

13 v. (ECF No. 5) 14 WARDEN, 15 Respondent.

16 17 Petitioner Mariano Meza is a federal prisoner proceeding pro se with a petition for writ of 18 habeas corpus pursuant to 28 U.S.C. § 2241. The Court ordered Petitioner to show cause why the 19 petition should not be dismissed for failure to exhaust administrative remedies, and Petitioner has 20 filed a response. (ECF Nos. 5, 7.) 21 In the petition, Petitioner challenges a Federal Bureau of Prisons’ (“BOP”) policy 22 (Program Statement 5410.01), alleging that it excludes eligible inmates, including Petitioner, 23 from applying First Step Act (“FSA”) time credits (“FTCs” or “ETCs”) on the basis of having an 24 immigration detainer with a box stating “deportation or removal from the United States has been 25 ordered” checked off. (ECF No. 1 at 2, 18. 1) Program Statement 5410.01 used to provide that 26 “[w]hile inmates with unresolved pending charges and/or detainers…