Aurelio Arteta-Quezada v. USA


UNPUBLISHED OPINION FILED. [10-50218 Affirmed ] Judge: EGJ , Judge: HRD , Judge: CES Mandate pull date is 09/10/2012 [10-50218]

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Case: 10-50218 Document: 00511926717 Page: 1 Date Filed: 07/19/2012 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED July 19, 2012 No. 10-50218 Lyle W. Cayce Clerk AURELIO ARTETA-QUEZADA, Petitioner - Appellant v. WARDEN, REEVES COUNTY DETENTION CENTER III; UNITED STATES OF AMERICA, Respondents - Appellees Appeals from the United States District Court for the Western District of Texas USDC No. 4:10-CV-11 Before JOLLY, DeMOSS, and STEWART, Circuit Judges. PER CURIAM:* Aurelio Arteta-Quezada, federal prisoner # 77355-179, proceeding pro se and in forma pauperis, challenges the denial of his § 2241 petition seeking the benefit of drug-rehabilitation programs and halfway house placement. The district court dismissed the action because: it lacked subject-matter jurisdiction; Arteta had failed to exhaust his administrative remedies; and, he had no liberty interest at stake. Arteta contends the court erred because: his * Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.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: 10-50218 Document: 00511926717 Page: 2 Date Filed: 07/19/2012 No. 10-50218 claim was properly brought under § 2241; he was not required to exhaust his administrative remedies; exclusion from the program violated his due-process rights; and, exclusion violated his equal-protection rights. Arteta, a native of Mexico, was convicted of possession with intent to distribute marijuana, in violation of 21 U.S.C. §§ 841 (a)(1) and (b)(1)(A). He was sentenced to, inter alia, 60 months of imprisonment. Immigration and Customs Enforcement (ICE) issued a detainer against him pursuant to 8 U.S.C. § 1226(c) based on its determination that he is subject to immediate removal from the United States upon his release from Bureau of Prisons’ (BOP) custody. While in prison, Arteta filed a habeas petition under 28 U.S.C. § 2241, asserting that the BOP improperly denied him certain benefits and opportunities made available under 18 U.S.C. §§ 3621 and 3624 on the basis that he is not a U.S. citizen. This petition is foreclosed by our court’s recent decision in Ricardo Gallegos-Hernandez v. United States, 2012 WL 2914038 (5th Cir. July 18, 2012). AFFIRMED. 2

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