Americo Bautista-Villarreal v. USA, et al, No. 12-50835 (5th Cir. 2013)

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Case: 12-50835 Document: 00512100348 Page: 1 Date Filed: 01/03/2013 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 12-50835 Summary Calendar January 3, 2013 Lyle W. Cayce Clerk AMERICO BAUTISTA-VILLARREAL, Petitioner-Appellant v. UNITED STATES OF AMERICA; WARDEN, REEVES COUNTY DETENTION CENTER III; BUREAU OF PRISONS; GEO GROUP, Respondents-Appellees Appeal from the United States District Court for the Western District of Texas USDC No. 4:11-CV-41 Before HIGGINBOTHAM, OWEN, and SOUTHWICK, Circuit Judges. PER CURIAM:* Americo Bautista-Villarreal, federal prisoner # 37537-079, 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, moves this court to proceed in forma pauperis (IFP) to appeal the dismissal of his 28 U.S.C. § 2241 petition challenging the BOP s exclusion of him from rehabilitation programs and * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 12-50835 Document: 00512100348 Page: 2 Date Filed: 01/03/2013 No. 12-50835 halfway houses. His arguments are foreclosed by this court s decision in Gallegos-Hernandez v. United States, 688 F.3d 190, 192-93 (5th Cir. 2012), cert. denied, ___ S. Ct. ___, 2012 WL 4462145 (U.S. Oct. 29, 2012) (No. 12-6450). Accordingly, Bautista Villarreal s motion to proceed IFP is DENIED, and his appeal is DISMISSED as frivolous. See 5TH CIR. R. 42.2. 2

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