Edwin Gonzalez-Mejia v. USA

Case: 12-50979 Document: 00512252104 Page: 1 Date Filed: 05/23/2013

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

FILED
May 23, 2013
No. 12-50979
Summary Calendar Lyle W. Cayce
Clerk

EDWIN GONZALEZ-MEJIA,

Petitioner-Appellant

v.

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
USDC No. 4:12-CV-69

Before KING, CLEMENT, and HIGGINSON, Circuit Judges.
PER CURIAM:*
Edwin Gonzalez-Mejia, federal prisoner # 62649-019, 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 12-50979 Document: 00512252104 Page: 2 Date Filed: 05/23/2013

No. 12-50979

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, Gonzalez-Mejia’s motion to proceed IFP is DENIED, and his
appeal is DISMISSED as frivolous. See 5TH CIR. R. 42.2.

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