Case: 12-50943 Document: 00512217833 Page: 1 Date Filed: 04/23/2013
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
April 23, 2013
No. 12-50943
Summary Calendar Lyle W. Cayce
Clerk
GABINO TORRES BARAJAS,
Petitioner-Appellant
v.
UNITED STATES OF AMERICA; WARDEN; FEDERAL BUREAU OF
PRISONS; GEO; UNITED STATES ATTORNEY GENERAL,
Respondents-Appellees
Appeal from the United States District Court
for the Western District of Texas
USDC No. 4:12-CV-10
Before JONES, DENNIS, and HAYNES, Circuit Judges.
PER CURIAM:*
Gabino Torres Barajas, federal prisoner # 14114-081, 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, 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
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 12-50943 Document: 00512217833 Page: 2 Date Filed: 04/23/2013
No. 12-50943
halfway houses. His 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). We are barred from considering his argument that
Gallegos-Hernandez was wrongly decided by our rule of orderliness. Jacobs v.
Nat’l Drug Intelligence Ctr., 548 F.3d 375, 378 (5th Cir. 2008)(“It is a well-settled
Fifth Circuit rule of orderliness that one panel of our court may not overturn
another panel’s decision, absent an intervening change in the law, such as by a
statutory amendment, or the Supreme Court, or our en banc court.”). His
argument that his status is materially different from that of the defendant in
Gallegos-Hernandez is incorrect. Like Barajas, Gallegos-Hernandez was a
federal prisoner against whom an ICE detainer had been lodged.
Accordingly, Torres Barajas’s motion to proceed IFP is DENIED, and his
appeal is DISMISSED as frivolous. See 5TH CIR. R. 42.2.
2