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UNPUBLISHED OPINION FILED.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]
Date Filed: 07/19/2012
IN THE UNITED STATES COURT OF APPEALS
United States Court of Appeals
FOR THE FIFTH CIRCUIT
July 19, 2012
Lyle W. Cayce
Petitioner - Appellant
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.
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Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5th Cir.
Date Filed: 07/19/2012
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.
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).
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