Victor Trevino v. USA, et al


UNPUBLISHED OPINION ORDER FILED. [12-50955 Dismissed as Frivolous] Judge: CDK , Judge: EBC , Judge: SAH Mandate pull date is 06/17/2013; denying motion to proceed IFP filed by Appellant Mr. Victor Manuel Trevino [7250025-2] [12-50955]

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Case: 12-50955 Document: 00512222344 Page: 1 Date Filed: 04/26/2013 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 12-50955 Summary Calendar April 26, 2013 Lyle W. Cayce Clerk VICTOR MANUEL TREVINO, Petitioner-Appellant v. FEDERAL BUREAU OF PRISONS; GEO; ATTORNEY GENERAL; UNITED STATES OF AMERICA, Respondents-Appellees Appeal from the United States District Court for the Western District of Texas USDC No. 4:11-CV-144 Before KING, CLEMENT, and HIGGINSON, Circuit Judges. PER CURIAM:* Victor Manuel Trevino, federal prisoner # 17550-078, 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 12-50955 Document: 00512222344 Page: 2 Date Filed: 04/26/2013 No. 12-50955 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, Trevino’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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