Jose Rangel v. USA, et al, No. 11-50111 (5th Cir. 2012)

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Case: 11-50111 Document: 00512091534 Page: 1 Date Filed: 12/20/2012 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 11-50111 Summary Calendar December 20, 2012 Lyle W. Cayce Clerk JOSE FIDEL RANGEL, Petitioner-Appellant, versus UNITED STATES OF AMERICA; WARDEN, REEVES COUNTY DETENTION CENTER III; BUREAU OF PRISONS; 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-88 Before SMITH, PRADO, and HIGGINSON, Circuit Judges. PER CURIAM:* * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 11-50111 Document: 00512091534 Page: 2 Date Filed: 12/20/2012 No. 11-50111 Jose Rangel, federal prisoner # 34985-177, an illegal 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 his exclusion from the BOP s rehabilitation programs and halfway houses. As an initial matter, the government s motion to dismiss the appeal as moot is DENIED; its motion for an extension of time is DENIED as unnecessary. We dispense with further briefing. The judgment is AFFIRMED, because the petition is foreclosed by Gallegos-Hernandez v. United States, 688 F.3d 190, 192-93 (5th Cir. 2012) (per curiam), cert. denied, 81 U.S.L.W. 3229 (U.S. Oct. 29, 2012). 2

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