Liberal Justice declines to block removal of migrants who claim fleeing cartel

Supreme Court Justice Elena Kagan denied an emergency appeal by four Mexican nationals facing deportation. The request sought to temporarily block their removal so they could file a formal petition for review. Kagan made the decision without comment and did not bring the matter to her fellow justices on the court.

The petitioners, Fabian Lagunas Espinoza, Maria Angelica Flores Ulloa, and their two sons, were instructed to report to immigration officials on April 17. Their legal team argued that they would be in danger of cartel violence if they were sent back to Mexico.

The family fled Guerrero, Mexico, in 2021 after receiving threats from the Los Rojos cartel. They were given an ultimatum to leave their home within 24 hours or face death. The petition also detailed instances of violence against extended family members, including assaults and intimidation when they refused to cooperate with the cartel.

After entering the U.S. unlawfully, the family sought asylum, but their claims were denied by an immigration judge. This decision was upheld by the Board of Immigration Appeals in November 2023, and the Ninth Circuit Court of Appeals affirmed it in February 2025. A temporary stay of removal was lifted on April 7.

The emergency appeal argued that the lower courts and immigration authorities did not properly consider credible evidence and due process claims. Justice Kagan, as the assigned justice for the Ninth Circuit, had the authority to handle the appeal alone or refer it to the full court. She chose to deny the application without further referral.

The petitioners’ attorney, LeRoy George Siddell, emphasized in the filing that the family faced immediate deportation despite presenting compelling evidence of being targets of cartel violence due to their family connections and refusal to comply with extortion demands.

The Department of Justice did not respond to the application before Kagan’s decision was made. As of Thursday morning, the petitioners were still required to report to U.S. immigration authorities, with their fate hanging in the balance.

For more details, the Department of Justice did not immediately provide a response to Fox News Digital’s request for comment.

Jasmine, a writer at Fox News Digital and a military spouse located in New Orleans, contributed to this article. For any story submissions, please email jasmine.baehr@fox.com.