UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO

EDUARDO SANCHEZ-LARA, ) CASE NO. 4:23CV006 ) Petitioner, ) JUDGE JOHN R. ADAMS ) v. ) ) ) ORDER AND JUDGMENT ENTRY WARDEN GARZA, ) ) Respondent. )

In this petition, Petitioner Eduardo Sanchez-Lara contends that the Bureau of Prisons is improperly refusing to allow him to accrue credits under the First Step Act due to his immigration detainer. However, subsequent to Petitioner’s filing, “on February 6, 2023, the BOP issued Change Notice-1 to Program Statement 5410.01, First Step Act of 2018 – Time Credits: Procedures for Implementation of

(d)(4) ... which ... removed unresolved pending charges and/or detainers as a disqualifying factor for the application of FSA earned time credits.” Alatorre, v. Warden Derr, No. CV 22-00516 JMS-WRP,

, at *2 (D. Haw. Mar. 22, 2023). Accordingly, Petitioner is no longer ineligible and there no longer exists a case or controversy for this Court to resolve. Accordingly, this petition is hereby DENIED AS MOOT, and this matter is hereby DISMISSED. See

.

IT IS SO ORDERED.

Date: March 29, 2023 /s/ John R. Adams JOHN R. ADAMS UNITED STATES DISTRICT JUDGE

1