Case: 12-50868 Document: 00512385523 Page: 1 Date Filed: 09/25/2013
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
September 25, 2013
No. 12-50868
Summary Calendar Lyle W. Cayce
Clerk
LUIS ALVARO OROZCO,
Petitioner-Appellant
v.
UNITED STATES OF AMERICA; BUREAU OF PRISONS; UNITED STATES
ATTORNEY GENERAL; WARDEN, REEVES COUNTY DETENTION CENTER
III,
Respondents-Appellees
Appeals from the United States District Court
for the Western District of Texas
USDC No. 4:11-CV-79
Before JONES, CLEMENT, and PRADO, Circuit Judges.
PER CURIAM:*
Luis Alvaro Orozco, federal prisoner # 88720-012, 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 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 12-50868 Document: 00512385523 Page: 2 Date Filed: 09/25/2013
No. 12-50868
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