Americo Bautista-Villarreal, federal prisoner # 37537-079, an alien against whom the Bureau of Immigration and Customs Enforcement has issued a detain-er 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 dismissal 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 this court’s decision in Gallegos-Hernandez v. United States, 688 F.3d 190, 192-93 (5th Cir. 2012), cert. denied, — U.S. -, 133 S.Ct. 561, 184 L.Ed.2d 365, 2012 WL 4462145 (U.S. Oct. 29, 2012) (No. 12-6450).

Accordingly, Bautista Villarreal’s motion to proceed IFP is DENIED, and his appeal is DISMISSED as frivolous. See 5th Cir. R. 42.2.