Case: 12-51053 Document: 00512156396 Page: 1 Date Filed: 02/26/2013
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
February 26, 2013
No. 12-51053
Summary Calendar Lyle W. Cayce
Clerk
JOEL GARCIA-GONZALEZ,
Petitioner-Appellant
v.
UNITED STATES OF AMERICA; BUREAU OF PRISONS; WARDEN, RCDC
III; GEO GROUP; DEPARTMENT OF HOMELAND SECURITY,
Respondents-Appellees
Appeal from the United States District Court
for the Western District of Texas
USDC No. 4:12-CV-79
Before KING, CLEMENT, and HIGGINSON, Circuit Judges.
PER CURIAM:*
Joel Garcia-Gonzalez, federal prisoner # 89326-079, 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, moves this court 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
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 12-51053 Document: 00512156396 Page: 2 Date Filed: 02/26/2013
No. 12-51053
arguments are 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).
Accordingly, Garcia-Gonzalez’s motion to proceed IFP is DENIED, and his
appeal is DISMISSED as frivolous. See 5TH CIR. R. 42.2.
2