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, and Diaz Moran appealed.
While the appeal was pending, Diaz Moran asked the Fifth Circuit to release him, appoint counsel, and authorize him to proceed in forma pauperis, which would permit him to pursue the appeal without prepaying the usual costs.
The Court’s Holding
The Fifth Circuit granted Diaz Moran’s motion for authorization to proceed in forma pauperis on appeal.
The court denied his motions for appointed counsel and release pending appeal. The brief, unpublished per curiam opinion did not resolve the merits of his appeal from the denial of habeas relief or explain the reasons for denying counsel and release.
Key Takeaways
- Diaz Moran may pursue his appeal in forma pauperis.
- The Fifth Circuit declined to appoint counsel for the appeal.
- Diaz Moran was not granted release while the appeal remains pending.
Why It Matters
The ruling addresses only interim procedural relief in Diaz Moran’s habeas appeal. It allows the appeal to proceed without prepayment of costs but leaves him detained and without court-appointed counsel.
Because the court did not decide the merits, the order does not determine whether the district court correctly denied Diaz Moran’s § 2241 petition.