Case: 12-50888 Document: 00512226464 Page: 1 Date Filed: 05/01/2013
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
May 1, 2013
No. 12-50888
Summary Calendar Lyle W. Cayce
Clerk
RUBEN OLIVARES GONZALEZ,
Petitioner-Appellant
v.
UNITED STATES OF AMERICA; BUREAU OF PRISONS; GEO GROUP;
WARDEN, REEVES COUNTY DETENTION CENTER III; UNITED STATES
ATTORNEY GENERAL,
Respondents-Appellees
Appeal from the United States District Court
for the Western District of Texas
USDC No. 4:11-CV-83
Before JONES, DENNIS, and HAYNES, Circuit Judges.
PER CURIAM:*
Ruben Olivares Gonzalez, federal prisoner # 15987-078, 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
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 12-50888 Document: 00512226464 Page: 2 Date Filed: 05/01/2013
No. 12-50888
challenging the BOP’s exclusion of him from rehabilitation programs and
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).
Accordingly, Olivares Gonzalez’s motion to proceed IFP is DENIED, and
his appeal is DISMISSED as frivolous. See 5TH CIR. R. 42.2.
2