Case: 12-50953 Document: 00512198861 Page: 1 Date Filed: 04/05/2013
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
April 5, 2013
No. 12-50953
Summary Calendar Lyle W. Cayce
Clerk
PHOUNG THANH HUYNH,
Petitioner-Appellant,
versus
UNITED STATES OF AMERICA;
WARDEN, REEVES COUNTY DETENTION CENTER III;
BUREAU OF PRISONS; GEO GROUP,
Respondents-Appellees.
Appeal from the United States District Court
for the Western District of Texas
No. 4:11-CV-42
Before SMITH, PRADO, and HIGGINSON, Circuit Judges.
PER CURIAM:*
Phoung Huynh, federal prisoner # 70992-079, an alien against whom the
Bureau of Immigration and Customs Enforcement has issued a detainer subject-
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 12-50953 Document: 00512198861 Page: 2 Date Filed: 04/05/2013
No. 12-50953
ing 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 exclusion of
him from rehabilitation programs and halfway houses. His arguments are fore-
closed by Gallegos-Hernandez v. United States, 688 F.3d 190, 192-93 (5th Cir.),
cert. denied, 133 S. Ct. 561 (2012).
The motion to proceed IFP is DENIED, and the appeal is DISMISSED as
frivolous. See 5TH CIR. R. 42.2.
2