Justice Kagan denies emergency appeal to halt deportation of Mexican nationals claiming asylum from cartel
Kagan denies migrants’ request to delay deportation, letting removal proceed without Court review
By Jasmine Baehr , Shannon Bream , Bill Mears Fox News
Published April 17, 2025 5:59pm EDT
Supreme Court Justice Elena Kagan on Wednesday denied an emergency appeal by four Mexican nationals facing deportation. The request asked the court to temporarily block their removal so they could file a formal petition for review.
Kagan denied the application without comment and did not refer the matter to her colleagues.
The petitioners, Fabian Lagunas Espinoza, Maria Angelica Flores Ulloa and their two sons, were ordered to report to immigration officials on Thursday. Their legal team argued they face cartel violence if returned to Mexico.
According to their court filing, the family fled Guerrero, Mexico, in 2021, after being threatened by the Los Rojos drug cartel. The petition stated that cartel members demanded the family vacate their home within 24 hours or be killed.
It also included details of past violence against extended family members, including beatings and threats following refusals to cooperate with the cartel.
The family entered the U.S. unlawfully and sought asylum and an immigration judge denied their claims.
That ruling was upheld by the Board of Immigration Appeals in November 2023, and the Ninth Circuit Court of Appeals affirmed the decision in February 2025. A temporary stay of removal was lifted April 7.
The emergency appeal to Justice Kagan argued that the lower courts and immigration authorities failed to consider credible evidence and due process claims.
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