FOR THE DISTRICT OF NEW JERSEY CAMDEN VICINAGE

LUIS GARCIA, : CIV. NO. 22-7231 (RMB) : Petitioner : v. : MEMORANDUM OPINION : WARDEN OF FORT DIX, : : : Respondent : ______________________________

IT APPEARING THAT:

1. On or about December 12, 2022, Petitioner Luis Garcia, a prisoner confined in the Federal Correctional Institution in Fort Dix, New Jersey (“FCI Fort Dix”), filed a petition for writ of habeas corpus under

, alleging the Bureau of Prisons (“BOP”) unlawfully found him ineligible for application of First Step Act (“FSA”) Time Credits because he is subject to an immigration detainer. (Docket No. 1.) 2. On April 27, 2023, Respondent submitted a letter brief in lieu of an answer, arguing that the habeas petition is moot because the BOP revised Program Statement 5410.01 to remove reference to immigration detainers rendering inmates ineligible to apply FSA Time Credits. (Declaration of Cyntrena Cross-Peart, Docket No. 7-1, ¶ 12.) Therefore, BOP calculated and applied 195 days of FSA Time Credits toward Petitioner’s release date. (Id., ¶¶ 13-14.) Respondent contends the habeas petition is moot because the case no longer presents a live case or controversy. (Docket a plaintiff's personal stake in the outcome of a suit or prevent a court from being able to grant the requested relief, the case must be dismissed as moot.” Blanciak v. Allegheny Ludlum Corp.,

, 698–99 (3d Cir. 1996). 4. Petitioner has received the habeas relief he requested. Therefore, the petition is moot, and the Court will dismiss this matter.

An accompanying Order follows.

DATE: May 3, 2023 s/Renée Marie Bumb RENÉE MARIE BUMB Chief United States District Judge