U.S. Court of Appeals for the Fifth Circuit, 2012

Antonius Heijnen v. Keith Hall

Antonius Heijnen v. Keith Hall
U.S. Court of Appeals for the Fifth Circuit · Decided December 19, 2012 · Smith, Prado, Higginson
503 F. App'x 271

Antonius Heijnen v. Keith Hall

Opinion

PER CURIAM: *

Antonius M. Heijnen, federal prisoner # 21755-051, is serving a federal criminal

*272 sentence in CCA Eden Detention Center in Texas. In addition, Heijnen is an alien against whom the Bureau of Immigration and Customs Enforcement (ICE) has issued a detainer, subjecting him to immediate removal from the United States upon release from Bureau of Prisons (BOP) custody. He appeals the denial of his 28 U.S.C. § 2241 petition challenging the BOP’s policy excluding him, because he is a noncitizen with an ICE detainer, from rehabilitation programs that afford a reduction in sentence. See 28 C.F.R. § 550.55(b). The petition is foreclosed by this court’s decision in 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).

AFFIRMED.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under *272 the limited circumstances set forth in 5th Cir. R. 47.5.4.

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