Justice Kagan Turns Down Emergency Appeal for Mexican Family Facing Deportation Over Cartel Threats
Sarah Johnson
April 18, 2025
Brief
Supreme Court Justice Elena Kagan denied an emergency appeal from a Mexican family facing deportation, despite their claims of cartel threats and risk of violence if returned.
Supreme Court Justice Elena Kagan on Wednesday denied an emergency appeal from four Mexican nationals who were seeking to halt their deportation from the United States. The family, consisting of Fabian Lagunas Espinoza, Maria Angelica Flores Ulloa, and their two sons, had asked the Supreme Court to temporarily pause their removal so they could file a formal appeal.
Kagan issued her decision without comment and opted not to bring the case before the full court, exercising her authority as the justice responsible for emergency matters from the Ninth Circuit. That's some serious power to wield solo.
According to court filings, the family fled Guerrero, Mexico in 2021 after being threatened by the Los Rojos drug cartel. The cartel allegedly demanded they vacate their home within 24 hours or face death—a threat that would send anyone packing in a hurry. The family's attorneys argued they faced a real risk of cartel violence if deported, citing past incidents involving extended relatives who suffered beatings and threats for refusing to cooperate with the cartel.
The family entered the U.S. unlawfully and applied for asylum, but their claims were rejected by an immigration judge. That decision was upheld both by the Board of Immigration Appeals in November 2023 and the Ninth Circuit Court of Appeals in February 2025. A temporary stay of removal was lifted on April 7, clearing the way for deportation.
The emergency application to Justice Kagan insisted that lower courts and immigration officials failed to give proper attention to credible evidence and due process arguments. The family's attorney, LeRoy George Siddell, wrote in their filing: "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."
The Department of Justice did not file a response to the emergency application before Kagan made her decision. As of Thursday morning, the family was still required to report to immigration authorities, leaving their immediate fate uncertain.
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Editor's Comments
You've got to hand it to the Supreme Court: when it comes to life-and-death decisions, sometimes it all comes down to a single justice's quick call. The fact that families can be caught in a legal pinball machine over credible threats to their safety is the kind of thing that makes you want to double-check your own front door at night. It's hard not to notice how, for all the drama in the headlines, the system's cold efficiency keeps rolling along.
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