Antonius Heijnen v. Keith Hall, et al, No. 12-10325 (5th Cir. 2012)

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Case: 12-10325 Document: 00512089969 Page: 1 Date Filed: 12/19/2012 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 12-10325 Summary Calendar December 19, 2012 Lyle W. Cayce Clerk ANTONIUS M. HEIJNEN, Petitioner-Appellant v. KEITH HALL, Warden; CCA EDEN DETENTION CENTER; ERIC HOLDER, U.S. Attorney General; DEPARTMENT OF HOMELAND SECURITY IMMIGRATION AND CUSTOM ENFORCEMENT, Respondents-Appellees Appeal from the United States District Court for the Northern District of Texas USDC No. 6:10-CV-89 Before SMITH, PRADO, and HIGGINSON, Circuit Judges. PER CURIAM:* Antonius M. Heijnen, federal prisoner # 21755-051, is serving a federal criminal sentence in CCA Eden Detention Center in Texas. In addition, Heijnen is an alien against whom the Bureau of Immigration and Customs Enforcement (ICE) has issued a detainer, subjecting him to immediate removal from the United States upon release from Bureau of Prisons (BOP) custody. He appeals the denial of his 28 U.S.C. § 2241 petition challenging the BOP s policy excluding him, because he is a noncitizen with an ICE detainer, from rehabilitation programs that afford a reduction in sentence. See 28 C.F.R. § 550.55(b). The * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 12-10325 Document: 00512089969 Page: 2 Date Filed: 12/19/2012 No. 12-10325 petition is foreclosed by this court s decision in Gallegos-Hernandez v. United States, 688 F.3d 190, 192-93 (5th Cir.), cert. denied, 133 S. Ct. 561 (2012). AFFIRMED. 2

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