Ochoa v. Warden, Reeves County Detention Center III

Case: 10-50844 Document: 00512206156 Page: 1 Date Filed: 04/12/2013
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
April 12, 2013
No. 10-50844
Summary Calendar Lyle W. Cayce
Clerk
JOSE LUIS OCHOA,
Petitioner-Appellant
v.
WARDEN, REEVES COUNTY DETENTION CENTER III; UNITED STATES
BUREAU OF PRISONS; DEPARTMENT OF HOMELAND SECURITY; ERIC
H. HOLDER, JR., U. S. ATTORNEY GENERAL,
Respondents-Appellees
Appeal from the United States District Court
for the Western District of Texas
USDC No. 4:10-CV-72
Before JONES, DENNIS, and HAYNES, Circuit Judges.
PER CURIAM:*
Jose Luis Ochoa, federal prisoner # 64218-179, 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, appeals the denial of his 28 U.S.C. § 2241
petition challenging the BOP’s exclusion of him from rehabilitation programs
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 10-50844 Document: 00512206156 Page: 2 Date Filed: 04/12/2013
No. 10-50844
and halfway houses. The petition is foreclosed by this court’s decision in
Gallegos-Hernandez v. United States, 688 F.3d 190, 192-93 (5th Cir. 2012), cert.
denied, 133 S. Ct. 561 (2012).
AFFIRMED.
2