Case: 10-51225 Document: 00512117913 Page: 1 Date Filed: 01/18/2013
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
January 18, 2013
No. 10-51225
Summary Calendar Lyle W. Cayce
Clerk
OSCAR ARTURO RANGEL,
Petitioner-Appellant
v.
UNITED STATES OF AMERICA; WARDEN, REEVES COUNTY DETENTION
CENTER III; BUREAU OF PRISONS; ERIC H. HOLDER, JR., U.S.
ATTORNEY GENERAL,
Respondents-Appellees
Appeal from the United States District Court
for the Western District of Texas
USDC No. 4;10-CV-90
Before KING, CLEMENT and HIGGINSON, Circuit Judges.
PER CURIAM:*
Oscar Arturo Rangel, federal prisoner # 34986-177, an alien against whom
the Bureau of Immigration and Customs Enforcement has issued a detainer
subjecting him to removal from the United States upon release from Bureau of
Prisons (BOP) custody, appeals the denial 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 10-51225 Document: 00512117913 Page: 2 Date Filed: 01/18/2013
No. 10-51225
challenging the BOP’s exclusion of him from rehabilitation programs and
halfway houses.
As an initial matter, the Government’s motion to dismiss the appeal as
moot is denied. The motion for an extension of time is denied as unnecessary.
We dispense with further briefing and affirm the district court’s judgment. The
petition is 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).
AFFIRMED; MOTION TO DISMISS DENIED; MOTION FOR AN
EXTENSION OF TIME DENIED AS UNNECESSARY.
2