(HC)Perlaza v. Warden
Filing
16
ORDER DIRECTING Respondent to File Copy of Petitioner's Purported Final Order of Removal, signed by Magistrate Judge Erica P. Grosjean on 9/25/2024. Fourteen Day deadline. (Marrujo, C)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
EASTERN DISTRICT OF CALIFORNIA
10
RUBEN DARIO PERLAZA,
11
Petitioner,
12
v.
13
Case No. 1:24-cv-00693-EPG-HC
ORDER DIRECTING RESPONDENT TO
FILE COPY OF PETITIONER’S
PURPORTED FINAL ORDER OF
REMOVAL
WARDEN,
14
Respondent.
15
16
Petitioner Ruben Dario Perlaza is a federal prisoner proceeding pro se with a petition for
17
18 writ of habeas corpus pursuant to 28 U.S.C. § 2241 challenging a Federal Bureau of Prisons’
19 policy of refusing to allow prisoners with immigration detainers to earn and/or apply First Step
20 Act (“FSA”) time credits (“ETCs”). (ECF No. 1.)
Respondent has moved to dismiss the petition, arguing, inter alia, that “Petitioner is
21
22 jurisdictionally and statutorily barred from FSA ETC sentence-offsets due to the final order of
1
23 removal from another federal court.” (ECF No. 15 at 3. ) In a declaration in support of the
24 motion to dismiss, a Paralegal Specialist declares that U.S. Immigration and Customs
25 Enforcement have “provided Petitioner’s final order of removal, which I have reviewed” and
26 thus, Petitioner “is ineligible to apply his time credits.” (ECF No. 15-1 at 3.) However,
27 Respondent has not provided the Court with a copy of the purported final order of removal itself.
28
1
Page numbers refer to the ECF page numbers stamped at the top of the page.
Accordingly, IT IS HEREBY ORDERED that:
1
1. Within fourteen (14) days of the date of this order, Respondent SHALL FILE a copy of
2
3
Petitioner’s purported final order of removal. See Rule 7(a), Rules Governing Section
4
2254 Cases in the United States District Courts (“Habeas Rules”) (“If the petition is not
5
dismissed, the judge may direct the parties to expand the record by submitting additional
6
materials relating to the petition.”).2
2. Within fourteen (14) days of the filing of the copy of the final order of removal,
7
8
Petitioner may file a response. See Habeas Rule 7(c) (“The judge must give the party
9
against whom the additional materials are offered an opportunity to admit or deny their
correctness.”).
10
11
12
IT IS SO ORDERED.
13
Dated:
September 25, 2024
/s/
UNITED STATES MAGISTRATE JUDGE
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
The Rules Governing Section 2254 Cases may apply to § 2241 habeas petitions. See Habeas Rule 1(b).
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?