Four Mexican nationals facing deportation were denied an emergency appeal to temporarily block their removal on Wednesday by Supreme Court Justice Elena Kagan.
According to Fox News, Kagan did not comment on her decision and did not refer the case to any of her colleagues.
Fabian Lagunas Espinoza, Maria Angelica Flores Ulloa, and their two sons were instructed to appear before immigration authorities on Thursday. Their attorneys contended that returning to Mexico would expose them to the threat of cartel violence.
In their court filing, the family explained that they escaped Guerrero, Mexico, in 2021 due to threats from the Los Rojos drug cartel. The petition revealed that cartel members had ordered them to leave their home within 24 hours or face death.
The filing also described previous acts of violence against extended family members, such as beatings and threats, which occurred after they resisted cooperating with the cartel.
After entering the U.S. unlawfully, the family applied for asylum, but their claims were rejected by an immigration judge, but was upheld by the Board of Immigration Appeals in November 2023. It was later affirmed by the Ninth Circuit Court of Appeals in February 2025.
The emergency appeal said there had been a failure of lower courts and immigration officials because they had failed to consider evidence.
As the justice responsible for the Ninth Circuit, Kagan had the discretion to decide the matter independently or to involve the full court, per Supreme Court rules. Kagan denied the appeal without referring it further.
Attorney LeRoy George Siddell wrote in the petitioner’s filing that they faced imminent danger at the hands of the cartel if they were to return to Mexico.
“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.” Siddell wrote.
