Sergio FRIAS, Petitioner-Appellant, v. UNITED STATES of America; BUREAU OF PRISONS; Geo Group; Warden, Reeves County Detention Center III; Eric H. Holder, Jr., U.S. Attorney General, Respondents-Appellees, 516 F. App'x 347

PER CURIAM: Sergio Frias, federal prisoner # 38201-044, an illegal 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 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 halfway houses. His arguments are foreclosed by Gallegos-Hernandez v. United States, 688 F.3d 190, 192-93 (5th Cir.), cert. denied, — U.S. -, 133 S.Ct. 561, 184 L.Ed.2d 365 (2012).

Accordingly, the motion to proceed IFP is DENIED, and the appeal is DISMISSED as frivolous. See 5th CiR. R. 42.2. Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.