Supreme Court Justice Denies Emergency Appeal, Mexican Family Faces Deportation

Supreme Court Justice Elena Kagan on Wednesday rejected an emergency appeal filed by four Mexican nationals seeking to prevent their imminent deportation, Fox News reports.

The family, fearing cartel violence upon their return to Mexico, had requested a temporary stay of removal to allow them time to file a formal petition for review with the Supreme Court.

The petitioners, identified as Fabian Lagunas Espinoza, Maria Angelica Flores Ulloa, and their two sons, were ordered to report to immigration officials on Thursday. Their legal team argued that the family faced a credible threat of violence from cartels if forced to return to Mexico.

According to court documents, the family fled Guerrero, Mexico, in 2021 after being threatened by the Los Rojos drug cartel. They claimed that cartel members demanded they abandon their home within 24 hours or face death. The family’s petition also detailed past instances of violence against extended family members who refused to cooperate with the cartel, including beatings and threats.

After unlawfully entering the United States, the family sought asylum. However, their claims were denied by an immigration judge. The Board of Immigration Appeals upheld that ruling in November 2023, and the Ninth Circuit Court of Appeals affirmed the decision in February 2025. A previous temporary stay of removal was lifted on April 7.

The emergency appeal to Justice Kagan argued that the lower courts and immigration authorities had failed to adequately consider credible evidence and due process claims presented by the family.

Under Supreme Court procedures, individual justices are responsible for handling emergency appeals originating from specific circuit courts. As the justice assigned to the Ninth Circuit, Kagan possessed the authority to either act alone or refer the case to the full court. She ultimately chose to deny the application without further referral.

In the petition, the family’s attorney, LeRoy George Siddell, stated:

“Petitioners face imminent removal and have been directed to report to immigration office on 4/17/2025, despite credible and detailed testimony and documentary evidence showing they are targets of cartel violence due to their family ties and refusal to comply with extortion demands.”

As of Thursday morning, the family was required to report to US immigration authorities.