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govinfo:USCOURTS-txsd-1_26-cv-00279-0

U.S. District Court for the Southern District of Texas · 2026-05-20

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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 with in 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. 
 
 
____________________________ 
Fernando Rodriguez, Jr. 
United States District Judge 
 
Case 1:26-cv-00279     Document 25     Filed 05/20/26 in TXSD     Page 2 of 2

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