(HC)Perez-Valencia v. Warden

Filing 9

ORDER DIRECTING Respondent to File Copy of Petitioner's Purported Final Order of Removal and Supplemental Brief signed by Magistrate Judge Stanley A. Boone on 3/27/2024. Fourteen (14) Day Deadline. (Sant Agata, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MAYEL PEREZ-VALENCIA, 12 Petitioner, 13 v. 14 Case No. 1:23-cv-01123-SAB-HC ORDER DIRECTING RESPONDENT TO FILE COPY OF PETITIONER’S PURPORTED FINAL ORDER OF REMOVAL AND SUPPLEMENTAL BRIEF WARDEN, 15 Respondent. 16 17 Petitioner is a federal prisoner proceeding pro se with a petition for writ of habeas corpus 18 pursuant to 28 U.S.C. § 2241 that challenges a Federal Bureau of Prisons’ policy that excludes 19 inmates with immigration detainers from applying their First Step Act (“FSA”) Earned Time 20 Credits (“FTCs” or “ETCs”). (ECF No. 1.) Respondent has moved to dismiss the petition, 21 arguing, among other grounds, that “Petitioner has been determined ineligible to apply FSA 22 ETCs” because “BOP, Department of Homeland Security, and Immigration and Customs 23 Enforcement (ICE) records indicate Petitioner has a ‘final order of removal’.” (ECF No. 8 at 2.1) 24 Respondent has submitted a declaration from a Correctional Programs Administrator for the 25 Western Region of the Federal Bureau of Prisons who declared in pertinent part: 26 BOP has determined that Petitioner is ineligible to apply FTCs because the inmate is subject to a final order of removal under immigration laws pursuant to 8 U.S.C. 27 28 1 Page numbers refer to the ECF page numbers stamped at the top of the page. § 1101(a)(17) and 18 U.S.C. § 3632(d)(4)(E)). I have personally reviewed and can verify the existence of the Final Order of Removal, dated August 17, 2009, that BOP obtained through the Department of Homeland Security’s Immigration and Customs Enforcement. 1 2 3 4 (ECF No. 8-1 at 7–8.) However, Respondent has not provided the Court with a copy of the final 5 order of removal itself. Pursuant to Rule 7 of the Rules Governing Section 2254 Cases in the United States 6 2 7 District Courts (“Habeas Rules”), the Court will order Respondent to file a copy of Petitioner’s 8 purported final order of removal and provide Petitioner an opportunity to file a response. See 9 Habeas Rule 7(a), (c) (providing that “the judge may direct the parties to expand the record by 10 submitting additional materials relating to the petition” and “must give the party against whom 11 the additional materials are offered an opportunity to admit or deny their correctness”). Accordingly, IT IS HEREBY ORDERED that: 12 1. Within fourteen (14) days of the date of this order, Respondent SHALL FILE a copy of 13 Petitioner’s purported final order of removal; and 14 2. Within fourteen (14) days of the filing of the copy of the final order of removal, 15 Petitioner may file a response. 16 17 18 IT IS SO ORDERED. 19 Dated: March 27, 2024 UNITED STATES MAGISTRATE JUDGE 20 21 22 23 24 25 26 27 28 2 The Rules Governing Section 2254 Cases apply to § 2241 habeas petitions. See Rule 1(b) of the Rules Governing Section 2254 Cases (“The district court may apply any or all of these rules to a habeas corpus petition not covered by” 28 U.S.C. § 2254.). 2

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