Jose Ochoa v. Warden, RCDC III, et al, No. 10-50844 (5th Cir. 2013)

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Case: 10-50844 Document: 00512206156 Page: 1 Date Filed: 04/12/2013 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 10-50844 Summary Calendar April 12, 2013 Lyle W. Cayce Clerk JOSE LUIS OCHOA, Petitioner-Appellant v. WARDEN, REEVES COUNTY DETENTION CENTER III; UNITED STATES BUREAU OF PRISONS; DEPARTMENT OF HOMELAND SECURITY; ERIC H. HOLDER, JR., U. S. ATTORNEY GENERAL, Respondents-Appellees Appeal from the United States District Court for the Western District of Texas USDC No. 4:10-CV-72 Before JONES, DENNIS, and HAYNES, Circuit Judges. PER CURIAM:* Jose Luis Ochoa, federal prisoner # 64218-179, an alien against whom the Bureau of Immigration and Customs Enforcement has issued a detainer subjecting him to immediate removal from the United States upon release from Bureau of Prisons (BOP) custody, appeals the denial of his 28 U.S.C. § 2241 petition challenging the BOP s exclusion of him from rehabilitation programs * Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. Case: 10-50844 Document: 00512206156 Page: 2 Date Filed: 04/12/2013 No. 10-50844 and halfway houses. The petition is foreclosed by this court s decision in Gallegos-Hernandez v. United States, 688 F.3d 190, 192-93 (5th Cir. 2012), cert. denied, 133 S. Ct. 561 (2012). AFFIRMED. 2

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