Case: 10-51229 Document: 00512137050 Page: 1 Date Filed: 02/06/2013
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
February 6, 2013
No. 10-51229
Summary Calendar Lyle W. Cayce
Clerk
HUGO ALBERTO RODRIGUEZ,
Petitioner-Appellant
v.
UNITED STATES OF AMERICA; WARDEN, REEVES COUNTY DETENTION
CENTER III; BUREAU OF PRISONS; ERIC H. HOLDER, JR., UNITED
STATES ATTORNEY GENERAL,
Respondents-Appellees
Appeal from the United States District Court
for the Western District of Texas
USDC No. 4:10-CV-89
Before SMITH, DeMOSS, and SOUTHWICK, Circuit Judges.
PER CURIAM:*
Hugo Alberto Rodriguez, federal prisoner # 79075-004, an 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 Bureau of Prisons (BOP) custody, appeals the denial of his 28
U.S.C. § 2241 petition challenging the BOP’s exclusion of him from
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 10-51229 Document: 00512137050 Page: 2 Date Filed: 02/06/2013
No. 10-51229
rehabilitation programs and halfway houses. 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.
2