Diaz Moreu v. Warden of the Port Isabel Detention Center

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
BROWNSVILLE DIVISION
ISRAEL DIAZ MOREU,
Petitioner,
VS.
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CIVIL ACTION NO. 1:26-CV-279
WARDEN OF THE PORT ISABEL
DETENTION CENTER,
Respondent.
ORDER
Petitioner Israel Diaz Moreu was detained by Immigration and Customs Enforcement at
the Port Isabel Detention Center in Cameron County, Texas. Maria Diaz Moreu, who is
Petitioner’s sister, filed the Petition for Writ of Habeas Corpus (Doc. 1) on Petitioner’s behalf, but
the record does not reflect that Maria Diaz Moreu is a licensed attorney.
A United States Magistrate Judge ordered Petitioner and Maria Diaz Moreu to show cause
as to why Maria Diaz Moreu could litigate on Petitioner’s behalf. (Order, Doc. 19) Maria Diaz
Moreu filed a response. (Statement, Doc. 17) The Magistrate Judge reviewed the Statement and
recommends that the case be dismissed without prejudice because Maria Diaz Moreu does not
meet the requirements to litigate as a next friend on Petitioner’s behalf. (R&R, Doc. 19) No party
has objected to the R&R, and the deadline to do so elapsed on April 23, 2026.1
“When no timely objection is filed, the court need only satisfy itself that there is no clear
error on the face of the record in order to accept the recommendation.” FED. R. CIV. P. 72(b),
Advisory Comm. Note (1983). The Court has reviewed the Report and Recommendation and finds
no clear error within it.
1 Petitioner has been transferred to the Oldham County Jail in La Grange, Kentucky, and a copy of the R&R was mailed
to him there. The mailing was received on May 2, 2026, and no objection was filed within 14 days of receipt. (See Doc.
24 (reflecting receipt))
United States District Court
Southern District of Texas
ENTERED
May 20, 2026
Nathan Ochsner, Clerk
Case 1:26-cv-00279 Document 25 Filed 05/20/26 in TXSD Page 1 of 2

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As a result, the Court ADOPTS the Report and Recommendation (Doc. 19). It is:
ORDERED that Petitioner Israel Diaz Moreu’s Petition for Writ of Habeas Corpus (Doc.
1) is DISMISSED WITHOUT PREJUDICE.
Each party shall bear its own fees and costs.
The Clerk of Court is directed to close this case.
Signed on May 20, 2026.
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Fernando Rodriguez, Jr.
United States District Judge
Case 1:26-cv-00279 Document 25 Filed 05/20/26 in TXSD Page 2 of 2