Jose Fierros-Valdez v. USA, et al, No. 12-51013 (5th Cir. 2013)

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Case: 12-51013 Document: 00512282416 Page: 1 Date Filed: 06/20/2013 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 12-51013 Summary Calendar June 20, 2013 Lyle W. Cayce Clerk JOSE ANTONIO FIERROS-VALDEZ, Petitioner Appellant, versus UNITED STATES OF AMERICA; BUREAU OF PRISONS; WARDEN, REEVES COUNTY DETENTION CENTER III; GEO GROUP; DEPARTMENT OF HOMELAND SECURITY, Respondents Appellees. Appeal from the United States District Court for the Western District of Texas No. 4:12-CV-82 Before SMITH, PRADO, and OWEN, 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 12-51013 Document: 00512282416 Page: 2 Date Filed: 06/20/2013 No. 12-51013 Jose Fierros-Valdez, federal prisoner # 10157-308, 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 the custody of the Bureau of Prisons ( BOP ), 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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