Case: 12-51013 Document: 00512282416 Page: 1 Date Filed: 06/20/2013
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
June 20, 2013
No. 12-51013
Summary Calendar Lyle W. Cayce
Clerk
JOSE ANTONIO FIERROS-VALDEZ,
Petitioner–Appellant,
versus
UNITED STATES OF AMERICA; BUREAU OF PRISONS;
WARDEN, REEVES COUNTY DETENTION CENTER III;
GEO GROUP; DEPARTMENT OF HOMELAND SECURITY,
Respondents–Appellees.
Appeal from the United States District Court
for the Western District of Texas
No. 4:12-CV-82
Before SMITH, PRADO, and OWEN, Circuit Judges.
PER CURIAM:*
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 12-51013 Document: 00512282416 Page: 2 Date Filed: 06/20/2013
No. 12-51013
Jose Fierros-Valdez, federal prisoner # 10157-308, an illegal 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 the custody of the Bureau of Prisons (“BOP”), moves to proceed in
forma pauperis (“IFP”) to appeal the denial of his 28 U.S.C. § 2241 petition chal-
lenging the BOP’s exclusion 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