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Supreme Court Judge Elena Kagan on Wednesday denied an emergency appeal by four Mexican nationals facing deportation. The request asked the court to temporarily block deletion so that a formal petition could be filed for review.
Kagan refused the application without comment and did not introduce the issue to his colleagues.
Petitioners, Fabian Lagunus Espinoza, Maria Angelica Flores Ulloa and their two sons, were ordered to report to immigration officers on Thursday. Their legal team claimed that if they returned to Mexico they would face cartel violence.
The family fled Mexico’s Guerrero in 2021 after being threatened by the Los Rojos drug cartel, according to their court application. The petition said that cartel members requested that their families be left home within 24 hours or be killed.
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The US-Mexico border wall is located on Imperial Beach on the San Diego side of California. (Allen J. Schaben / Los Angeles Times via Getty Images)
It also included details of past violence against extended families, including assaults and threats after refusing to cooperate with the cartel.
The family illegally entered the United States, sought asylum, and an immigration judge denied their claim.
The ruling was upheld by the Immigration Appeals Committee in November 2023, and the Ninth Circuit confirmed the decision in February 2025. The temporary removal stay was lifted on April 7th.
The emergency appeal to Judge Kagan allegedly failed to consider the lower courts and immigration authorities’ claims of credible evidence and legitimate process.
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The US Supreme Court building in Washington, DC (Win McNamee/Getty Images)
In the Supreme Court process, each justice processes emergency appeals from a particular circuit. As justice assigned to the 9th Circuit, Kagan had the power to act alone or introduce the case to the full court.
She rejected the application without further mentioning it.
In the application, Leroy George Siddell, the petitioner’s lawyer, wrote:
Elena Kagan, Assistant Judge of the U.S. Supreme Court in 2022 (Alex Wong/Getty Image)
There was no response to the application from the Department of Justice before Kagan issued her decision.
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As of Thursday morning, petitioners had to report it to US immigration authorities. Their nature has not yet been determined.
The Department of Justice (DOJ) did not immediately respond to Fox News Digital’s request for comment.
Jasmine is a writer for Fox News Digital and is a New Orleans-based military spouse. Stories can be sent to jasmine.baehr@fox.com
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