Gerardo Sosa v. USA, et al, No. 10-50921 (5th Cir. 2013)

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Case: 10-50921 Document: 00512098547 Page: 1 Date Filed: 01/02/2013 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 10-50921 Summary Calendar January 2, 2013 Lyle W. Cayce Clerk GERARDO CERVANTES SOSA, Petitioner-Appellant v. UNITED STATES OF AMERICA; UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT; DEPARTMENT OF HOMELAND SECURITY; BUREAU OF PRISONS; WARDEN OF REEVES CORRECTIONAL INSTITUTION III, Respondents-Appellees Appeal from the United States District Court for the Western District of Texas USDC No. 4:10-CV-20 Before KING, CLEMENT, and HIGGINSON, Circuit Judges. PER CURIAM:* Gerardo Cervantes Sosa (Sosa), former federal prisoner # 33257-177, appeals the denial of his 28 U.S.C. § 2241 petition seeking removal of an immigration detainer and transfer to a facility where he could avail himself of early release programs. As Sosa has been released from Bureau of Prisons custody and removed to Mexico, we dismiss his appeal as moot. See Calderon v. * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 10-50921 Document: 00512098547 Page: 2 Date Filed: 01/02/2013 No. 10-50921 Moore, 518 U.S. 149, 150 (1996); Rocky v. King, 900 F.2d 864, 867 (5th Cir. 1990). The appellees motion for an extension of time to file an appellate brief therefore is denied as unnecessary. APPEAL DISMISSED; MOTION DENIED. 2

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