Cesar Garcia-Aguilera v. USA

Case: 10-50574 Document: 00512174405 Page: 1 Date Filed: 03/14/2013

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit

FILED
March 14, 2013
No. 10-50574
Summary Calendar Lyle W. Cayce
Clerk

CESAR VALENTIN GARCIA-AGUILERA,

Petitioner - Appellant

v.

UNITED STATES OF AMERICA; BUREAU OF PRISONS; WARDEN,

Respondents - Appellees

Appeal from the United States District Court
for the Western District of Texas
USDC No. 4:10-CV-24

Before BARKSDALE, CLEMENT, and GRAVES, Circuit Judges.
PER CURIAM:*
Proceeding pro se and in forma pauperis, Cesar Valentin Garcia-Aguilera,
federal prisoner # 89647-008, an alien against whom the Bureau of Immigration
and Customs Enforcement (ICE) 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 excluding him from rehabilitation programs and halfway houses.
Although he correctly contends the district court erred in ruling it lacked

*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 10-50574 Document: 00512174405 Page: 2 Date Filed: 03/14/2013

No. 10-50574

subject-matter jurisdiction, Gallegos-Hernandez v. United States, 688 F.3d 190,
193-94 (5th Cir. 2012), cert. denied, 133 S. Ct. 561 (2012), the exclusion issue is
foreclosed by Gallegos-Hernandez, 688 F.3d at 194-96 (exclusion of aliens subject
to ICE detainer from halfway houses and rehabilitation satisfies rational-basis
review).
AFFIRMED.

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