Opinion · Court of Appeals for the Fifth Circuit
Joel Garcia-Gonzalez v. USA
Joel Garcia-Gonzalez v. United States, 515 F. App'x 269 (5th Cir. 2013)
- Type
- Opinion
- Court
- Court of Appeals for the Fifth Circuit
- Jurisdiction
- Federal
- Date
- 2013-02-26
- Topic
- bankruptcy
Case: 12-51053 Document: 00512156396 Page: 1 Date Filed: 02/26/2013 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED February 26, 2013 No. 12-51053 Summary Calendar Lyle W. Cayce Clerk JOEL GARCIA-GONZALEZ, Petitioner-Appellant v. UNITED STATES OF AMERICA; BUREAU OF PRISONS; WARDEN, RCDC 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-79 Before KING, CLEMENT, and HIGGINSON, Circuit Judges. PER CURIAM:* Joel Garcia-Gonzalez, federal prisoner # 89326-079, 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 * Pursuant to 5TH CIR.
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Joel Garcia-Gonzalez, federal prisoner # 89326-079, 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-Heman-dez 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, Garcia-Gonzalez’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Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.