Rogelio Hernandez v. USA

Case: 12-50892 Document: 00512224856 Page: 1 Date Filed: 04/30/2013
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
April 30, 2013
No. 12-50892
Summary Calendar Lyle W. Cayce
Clerk
ROGELIO ROQUE HERNANDEZ,
Petitioner-Appellant
v.
UNITED STATES OF AMERICA; WARDEN, REEVES COUNTY DETENTION
CENTER III; FEDERAL BUREAU OF PRISONS; GEO GROUP; UNITED
STATES ATTORNEY GENERAL,
Respondents-Appellees
Appeal from the United States District Court
for the Western District of Texas
USDC No. 4:11-CV-75
Before JOLLY, ELROD, and GRAVES, Circuit Judges.
PER CURIAM:*
Rogelio Roque Hernandez, federal prisoner # 21583-112, 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 dismissal 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 12-50892 Document: 00512224856 Page: 2 Date Filed: 04/30/2013
No. 12-50892
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, Roque Hernandez’s motion to proceed IFP is DENIED, and
his appeal is DISMISSED as frivolous. See 5TH CIR. R. 42.2.
2