Unreported / Non-Citable
Background
Ervin Alonso Diaz Moran, a native and citizen of Nicaragua detained at the Port Isabel Detention Center, filed a habeas corpus petition under 28 U.S.C. § 2241 in the Southern District of Texas. The district court denied the petition.
While appealing that denial, Diaz Moran asked the Fifth Circuit for authorization to proceed in forma pauperis, appointment of counsel, and release from detention pending appeal.
The Court’s Holding
In an unpublished per curiam opinion on the summary calendar, the Fifth Circuit granted Diaz Moran’s motion to proceed in forma pauperis on appeal.
The court denied his motions for appointed counsel and release pending appeal. The brief opinion did not provide substantive reasoning or decide the merits of his appeal from the denial of habeas relief.
Key Takeaways
- Diaz Moran may pursue the appeal without prepaying the ordinarily required fees and costs.
- The Fifth Circuit declined to appoint counsel for him.
- The court also declined to release him while the habeas appeal remains pending.
Why It Matters
The decision addresses only interim relief and Diaz Moran’s ability to proceed without paying fees; it does not resolve whether his immigration detention is lawful or whether the district court correctly denied his § 2241 petition.