Juan Hernandez-Zavala v. USA, et al, No. 11-51011 (5th Cir. 2012)

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Case: 11-51011 Document: 00512061211 Page: 1 Date Filed: 11/21/2012 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 11-51011 Summary Calendar November 21, 2012 Lyle W. Cayce Clerk JUAN MANUEL HERNANDEZ-ZAVALA, Petitioner-Appellant v. UNITED STATES OF AMERICA; WARDEN, R.C.D.C. III Bureau of Prisons; GEO GROUP, Respondents-Appellees Appeal from the United States District Court for the Western District of Texas (4:11-CV-48) Before JOLLY, DAVIS, and PRADO, Circuit Judges. PER CURIAM:* Juan Manuel Hernandez-Zavala, federal prisoner # 64912-097, 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 * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 11-51011 Document: 00512061211 Page: 2 Date Filed: 11/21/2012 No. 11-51011 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. 2012), petition for cert. filed (Sept. 14, 2012) (No. 12-6450). Accordingly, Hernandez-Zavala s motion to proceed IFP is DENIED, and his appeal is DISMISSED as frivolous. See 5TH CIR. R. 42.2. 2

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