The family of four, who are Mexican nationals, claimed they would face cartel violence if they return.
The U.S. Supreme Court denied an emergency appeal from four Mexican nationals who entered the United States illegally and who are facing deportation, after they requested that the high court temporarily bar their removal proceedings.
On Thursday, Justice Elena Kagan denied an appeal from Fabian Lagunas Espinoza, Maria Angelica Flores Ulloa, and their two sons, who had argued in previous court filings that their family faces cartel violence if they are returned to Mexico. Kagan did not provide a comment for the denial.
The family entered the United States illegally before an immigration judge denied their claim, which was upheld by the Board of Immigration Appeals on Nov. 3, according to court filings. Earlier this year, the Ninth U.S. Circuit Court of Appeals affirmed the order before a temporary stay of their deportation was lifted on April 7, prompting the emergency appeal to Kagan.
Supreme Court procedures stipulate that each justice handle emergency appeals from a specific circuit, with Kagan overseeing emergency matters relating to the San Francisco-based Ninth Circuit.
“Petitioners face imminent removal and have been directed to report to Immigration Office” on April 17, their lawyer wrote in the petition, adding that they have “credible and detailed testimony” showing they could be targets of Mexican cartel violence “due to their family ties and refusal to comply with extortion demands.”
It’s not clear what occurred after they reported to the office or whether the family is still in the country.
Elaborating, their attorney said that Espinoza had been threatened at gunpoint in August 2021 by armed cartel members, who had demanded they leave their home within 24 hours. The family then fled town before illegally entering the United States.
“Previously, Petitioner’s brother had been beaten after refusing cartel demands, and another brother was targeted and forced to flee after receiving death threats, following witnessing criminal activity,” the petition stated, adding that an immigration judge “found the family’s testimony credible but denied relief,” which was upheld later.
If they are deported, their lawyer wrote, it would result in them being exposed to cartel violence, “family separation,” and “persecution.” The lawyer argued that granting their request would not harm the government and that the four “pose no danger or flight risk.”
