Luis Orozco v. USA

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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