Elizabeth Holmes isn't going to prison tomorrow after all

Elizabeth Holmes has asked an appeals court to overturn her felony fraud conviction, and the longshot legal move has delayed the Theranos founder’s imprisonment, The Mercury News reports.

Holmes was convicted early last year on four counts of fraud in connection with her role in the blood-testing startup and sentenced to 11 years in prison in November. She was ordered to surrender to custody on April 27.

But lawyers representing the disgraced former CEO late Tuesday filed a motion with the U.S. Court of Appeals for the Ninth Circuit asking that it overturn her conviction, and Holmes under the court’s rules will remain free until the court makes a ruling, the report said.

Sunny Balwani, Holmes’s ex-boyfriend who served as the company’s chief operating officer, and was convicted in a separate trial, went through the same process and remained free for three weeks until the Ninth Circuit ruled against him.

Holmes had sought to remain free until the conclusion of her appeal, but Judge Edward Davila, who presided over her trial ordered her to surrender to authorities April 27.

Holmes through her attorneys took aim at Davila, alleging that the judge made “numerous, inexplicable errors” in the ruling on her request to remain free until her appeal concludes, according to the report.

Holmes was convicted at the end of a four-month trial in which prosecutors alleged she fleeced investors out of more than $144 million.

A media investigation six years ago that revealed her company falsely represented its ability to run multiple tests from a few drops of blood precipitated Holmes’ downfall, The Washington Post reports.