Supreme Court Justice Kagan rejects appeal from family facing deportation
Supreme Court Justice Elena Kagan denied an emergency appeal to temporarily block the deportation of the family of four Mexican nationals, who, according to their filing, "are targets of cartel violence due to their family ties and refusal to comply with extortion demands."
The family requested that their deportation be halted while they prepare and file a petition asking the Supreme Court to review their case.
Newsweek reached out to the petitioner's attorney, LeRoy George Siddell, and the Department of Justice via email for comment.
Why It Matters
The emergency application for stay comes amid an ongoing immigration crackdown by President Donald Trump, who pledged to launch the largest mass deportation operation in U.S. history and has detained and deported thousands of people since taking office.
Earlier this month, Trump passed along a memo to the Executive Office for Immigration Review urging officials to "efficiently manage their dockets," which may allow them to reject "legally deficient asylum applications without a hearing." There are around 4 million pending asylum cases according to the Executive Office for Immigration Review.
Kagan is one of the Supreme Court's three liberal justices, who typically tend to be more supportive of immigration and asylum cases. Each justice is assigned emergency matters related to specific circuits, with Kagan overseeing the Ninth Circuit Court of Appeals.
What To Know
In a motion for an emergency stay of removal filed with the Ninth U.S. Circuit Court of Appeals on April 16, reviewed by Newsweek, the family's attorney argued that Fabian Lagunas Espinoza, Maria Angelica Flores Ulloa, Fabian Lagunas Flores and Mateo Lagunas Flores are "targets of cartel violence."
The court filing said the family left Mexico in August 2021 after "armed cartel members threatened the family at gunpoint, demanding they vacate their home within 24 hours or be killed."
The family complied and entered the U.S. shortly after seeking asylum. An immigration judge denied their claims, and later in February 2025, the Ninth Circuit Court of Appeals upheld the decision, denying their asylum petition.
The Wednesday filing also details past violence against Lagunas Espinoza's family, stating that one brother "had been beaten after refusing cartel demands," while another was "targeted and forced to flee after receiving death threats" for witnessing criminal activity.
Kagan denied the application without comment and did not refer it to the broader court, Fox News reported.
What People Are Saying
Tom Homan, Trump's border czar, on X last month: "U.S. borders are closed to law breakers."
The emergency appeal: "Petitioners face immediate deportation to a region of Mexico where they have been explicitly threatened with death by cartel members. The government's removal would result in irreparable harm including exposure to violence, persecution, and family separation."
What Happens Next
The family was set to appear before immigration officials on Thursday, April 17. It is not yet known what transpired during that reported meeting or if the individuals are still in the country.