(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)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RUBEN DARIO PERLAZA,

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Petitioner,

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v.

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Case No. 1:24-cv-00693-EPG-HC
ORDER DIRECTING RESPONDENT TO
FILE COPY OF PETITIONER’S
PURPORTED FINAL ORDER OF
REMOVAL

WARDEN,

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Respondent.

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Petitioner Ruben Dario Perlaza is a federal prisoner proceeding pro se with a petition for

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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

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22 jurisdictionally and statutorily barred from FSA ETC sentence-offsets due to the final order of
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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.
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Page numbers refer to the ECF page numbers stamped at the top of the page.

Accordingly, IT IS HEREBY ORDERED that:

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1. Within fourteen (14) days of the date of this order, Respondent SHALL FILE a copy of

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Petitioner’s purported final order of removal. See Rule 7(a), Rules Governing Section

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2254 Cases in the United States District Courts (“Habeas Rules”) (“If the petition is not

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dismissed, the judge may direct the parties to expand the record by submitting additional

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materials relating to the petition.”).2
2. Within fourteen (14) days of the filing of the copy of the final order of removal,

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Petitioner may file a response. See Habeas Rule 7(c) (“The judge must give the party

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against whom the additional materials are offered an opportunity to admit or deny their
correctness.”).

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IT IS SO ORDERED.

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Dated:

September 25, 2024

/s/
UNITED STATES MAGISTRATE JUDGE

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The Rules Governing Section 2254 Cases may apply to § 2241 habeas petitions. See Habeas Rule 1(b).

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