Supreme Court Justice Elena Kagan has rejected an urgent plea from four Mexican citizens facing deportation, effectively sealing their fate.
The emergency appeal sought a temporary halt to their removal so they could formally challenge previous rulings. Kagan’s decision, made without explanation or referral to her fellow justices, means the family will proceed with scheduled meetings with immigration officials on April 17th.
The individuals—Fabian Lagunas Espinoza, Maria Angelica Flores Ulloa, and their two sons—allege they are at serious risk of violence if returned to Mexico. Their legal representatives contend that the lower courts failed to adequately consider substantial evidence of this threat.
According to court documents, the family fled Guerrero, Mexico, in 2021 after being directly threatened by members of the Los Rojos cartel. The cartel allegedly demanded they abandon their home within 24 hours or face death.
The filing further detailed a history of violence against extended family members, including physical assaults and threats stemming from refusals to cooperate with the cartel’s demands. This pattern of intimidation highlights the precarious situation the family claims they would return to if deported.
Having entered the United States without authorization, the family initially sought asylum. However, an immigration judge denied their application, a ruling subsequently upheld by both the Board of Immigration Appeals in November 2023 and the Ninth Circuit Court of Appeals in February 2025. A previous stay preventing their removal was lifted earlier this month.
The emergency appeal to Justice Kagan argued that the courts below disregarded compelling evidence and failed to ensure due process. As the justice overseeing appeals from the Ninth Circuit, Kagan had the sole discretion to act on the matter.
In a statement submitted with the petition, attorney LeRoy George Siddell emphasized the urgency of the situation:
“Petitioners face imminent removal and have been directed to report to immigration offices 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 respond to the application prior to Kagan’s decision.
As of Thursday morning, the family is required to report to U.S. immigration authorities, and their future status remains uncertain.
