Rogelio Hernandez v. USA, et al, No. 12-50892 (5th Cir. 2013)

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Case: 12-50892 Document: 00512224856 Page: 1 Date Filed: 04/30/2013 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 12-50892 Summary Calendar April 30, 2013 Lyle W. Cayce Clerk ROGELIO ROQUE HERNANDEZ, Petitioner-Appellant v. UNITED STATES OF AMERICA; WARDEN, REEVES COUNTY DETENTION CENTER III; FEDERAL BUREAU OF PRISONS; GEO GROUP; UNITED STATES ATTORNEY GENERAL, Respondents-Appellees Appeal from the United States District Court for the Western District of Texas USDC No. 4:11-CV-75 Before JOLLY, ELROD, and GRAVES, Circuit Judges. PER CURIAM:* Rogelio Roque Hernandez, federal prisoner # 21583-112, 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 * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 12-50892 Document: 00512224856 Page: 2 Date Filed: 04/30/2013 No. 12-50892 challenging the BOP s exclusion of him from rehabilitation programs and 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.), cert. denied, 133 S. Ct. 561 (2012). Accordingly, Roque Hernandez 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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