LAW.coLAW.co

Victor Manuel TREVINO, Petitioner-Appellant v. FEDERAL BUREAU OF PRISONS; Geo; Attorney General; United States of America, Respondents-Appellees

United States Court of Appeals for the Fifth Circuit2013-04-26No. No. 12-50955
546 F. App'x 401

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

PER CURIAM:

Victor Manuel Trevino, federal prisoner # 17550-078, 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 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, — U.S. -, 133 S.Ct. 561, 184 L.Ed.2d 365 (2012).

Accordingly, Trevino’s motion to proceed IFP is DENIED, and his appeal is DISMISSED as frivolous. See 5th Cir. R. 42.2.

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.