Elizabeth Holmes Denied Request to Stay Out of Jail As She Appeals Fraud Conviction

Elizabeth Holmes is not avoiding prison as she appeals her fraud conviction, a judge ruled on Tuesday.

After being convicted of fraud for deceiving investors, the 39-year-old Theranos founder was sentenced to 11 years in prison. She is expected to turn herself in to federal authorities on April 27.

She later asked a judge to let her stay out of prison while she fights the conviction.

U.S. District Judge Edward Davila rejected Holmes' request, according to The Washington Post, ABC News, and The Wall Street Journal.

Davila wrote in his decision, per The Washington Post, that Holmes isn't a flight risk or danger to the community; however, the court could not "find that she has raised a 'substantial question of law or fact' that if 'determined favorably to [her] on appeal'" would reverse her conviction or get her a new trial.

The ruling comes after he also denied a petition from Holmes' ex and Theranos President COO Sunny Balwani. He was sentenced to 13 years after he was found guilty on all 12 fraud charges against him.

Balwani was originally scheduled to begin his sentence in mid-March, but did not surrender to authorities because he was appealing his conviction. Still, his appeal has since been denied, so he will begin his sentence at Terminal Island prison in California on April 20, ABC News reported.

Just after her conviction in January, Holmes was accused of buying a one-way ticket to Mexico in an alleged effort to flee the country.

Prosecutors stated in court documents at the time that she should go to prison right away because she is a flight risk and made "an attempt to flee the country" last year, per multiple outlets.

"The government became aware on January 23, 2022, that Defendant Holmes booked an international flight to Mexico departing on January 26, 2022, without a scheduled return trip," prosecutors allege in the filing. "Only after the government raised this unauthorized flight with defense counsel was the trip canceled."

RELATED VIDEO: Elizabeth Holmes' Ex-Boyfriend Sunny Balwani Sentenced to 13 Years for Theranos Fraud

Prosecutors said in court documents they expected Holmes to "reply that she did not in fact leave the country as scheduled", however, they added "it is difficult to know with certainty" if she would have left without the government stepping in.

Prosecutors said that "the incentive to flee has never been higher" and she "has the means to act on that incentive."

Holmes' lawyers alleged in an email that she booked the flight before her conviction and planned to attend a friend's wedding in Mexico if she wasn't found guilty.

For now, Holmes resides in a $13,000 per month estate.

Ahead of her sentence, Holmes gave birth to her second child, according to a federal court document. It's unclear when exactly the birth occurred.

Never miss a story — sign up for PEOPLE's free daily newsletter to stay up-to-date on the best of what PEOPLE has to offer, from celebrity news to compelling human interest stories.

It was revealed in a motion by her defense team filed last week in federal court stating that because Holmes was not a flight risk, she should not be imprisoned while she appeals her conviction.

"Ms. Holmes has deep ties to the community: She is the mother of two very young children; she has close relationships with family and friends, many of who submitted letters at sentencing vouching for her good character; and she volunteers with a rape crisis and counseling organization," according to a motion filed by Holmes' defense team, CBS News reported.

Holmes and her partner Billy Evans welcomed their first child — a baby named William Holmes Evans — ahead of her criminal fraud trial on July 10, 2021 in Redwood City, Calif., according to ABC News.

Holmes first rose to prominence in 2014 as the founder and CEO of Theranos, which duped investors out of millions by falsely purporting that its technology could run hundreds of medical tests using just a few drops of blood.

Holmes was tried on 11 counts of fraud for claims made to investors and patients of her Silicon Valley company. The jury found Holmes guilty of four of the charges — three counts of wire fraud and one count of conspiracy to commit wire fraud.

Holmes was found not guilty of an additional four counts. The jury remained deadlocked on the other three charges, according to The New York Times.

Her scandal was the subject of an HBO documentary as well as a Hulu miniseries starring Amanda Seyfried.