Case: 12-50910 Document: 00512170980 Page: 1 Date Filed: 03/11/2013
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
March 11, 2013
No. 12-50910
Summary Calendar Lyle W. Cayce
Clerk
SERGIO FRIAS,
Petitioner-Appellant,
versus
UNITED STATES OF AMERICA; BUREAU OF PRISONS; GEO GROUP;
WARDEN, Reeves County Detention Center III; ERIC H. HOLDER, JR., U.S.
Attorney General,
Respondents-Appellees.
Appeal from the United States District Court
for the Western District of Texas
No. 4:11-CV-92
Before SMITH, PRADO, and HIGGINSON, Circuit Judges.
PER CURIAM:*
Sergio Frias, federal prisoner # 38201-044, an illegal alien against whom
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 12-50910 Document: 00512170980 Page: 2 Date Filed: 03/11/2013
No. 12-50910
the Bureau of Immigration and Customs Enforcement has issued a detainer sub-
jecting him to immediate removal from the United States upon release from
Bureau of Prisons (“BOP”) custody, moves to proceed in forma pauperis (“IFP”)
to appeal the denial of his 28 U.S.C. § 2241 petition challenging the BOP’s exclu-
sion 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