Justice Elena Kagan, considered one of the most liberal
members of the U.S. Supreme Court, rejected a request from four Mexican
citizens seeking a temporary stay of their deportation orders to allow them
time to file an appeal. With this decision, the justice aligned herself with
the Trump administration, which advocated for the immediate execution of
immigration orders.
The petitioners—Fabián Lagunas Espinoza, María Angélica
Flores Ulloa, and their two children—had asked the court to suspend their
deportation, arguing that returning to Mexico would expose them to serious
risks. According to documents submitted to the Court, the family was instructed
to appear before immigration authorities on Thursday, the date on which the
deportation order was to be activated.
In their petition, the lawyers stated that the four fled the
state of Guerrero in 2021 after receiving direct threats from a criminal group.
According to the court file, a message attributed to the Los Rojos cartel
demanded they leave their home within 24 hours or face deadly reprisals. The
defense argued that this threat constitutes a credible risk of violence if they
are forced to return to the country.
However, Judge Kagan, acting within her authority to resolve
emergency petitions, determined that the case did not meet the criteria
necessary to stay deportation while the appeal is pending. The decision did not
include a written opinion and does not indicate the position of the rest of the
court, but it allows the immigration orders to proceed.
The case falls within the framework of expedited deportation
proceedings and the high standards that applicants must meet to demonstrate a
personal risk of persecution or violence. The family is expected to continue
pursuing legal recourse, although their immediate situation will depend on the
progress of immigration enforcement actions.