Sergio Frias v. USA, et al, No. 12-50910 (5th Cir. 2013)

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Case: 12-50910 Document: 00512170980 Page: 1 Date Filed: 03/11/2013 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 12-50910 Summary Calendar March 11, 2013 Lyle W. Cayce Clerk SERGIO FRIAS, Petitioner-Appellant, versus UNITED STATES OF AMERICA; BUREAU OF PRISONS; GEO GROUP; WARDEN, Reeves County Detention Center III; ERIC H. HOLDER, JR., U.S. Attorney General, Respondents-Appellees. Appeal from the United States District Court for the Western District of Texas No. 4:11-CV-92 Before SMITH, PRADO, and HIGGINSON, Circuit Judges. PER CURIAM:* Sergio Frias, federal prisoner # 38201-044, an illegal alien against whom * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 12-50910 Document: 00512170980 Page: 2 Date Filed: 03/11/2013 No. 12-50910 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 to proceed in forma pauperis ( IFP ) to appeal the denial of his 28 U.S.C. § 2241 petition challenging the BOP s exclusion of him from rehabilitation programs and halfway houses. His arguments are foreclosed by Gallegos-Hernandez v. United States, 688 F.3d 190, 192-93 (5th Cir.), cert. denied, 133 S. Ct. 561 (2012). Accordingly, the motion to proceed IFP is DENIED, and the appeal is DISMISSED as frivolous. See 5TH CIR. R. 42.2. 2

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