WASHINGTON, DC — A Mexican family facing deportation is urging the U.S. Supreme Court to take up their case, arguing that immigration authorities failed to properly evaluate credible threats to their lives from a violent cartel.
Fabian Lagunas-Espinoza and his relatives entered the United States in September 2021 after allegedly being forced out of their home in Guerrero, Mexico. In a petition filed with the Supreme Court on Wednesday, the family claims members of the Los Rojos cartel confronted them in August 2021, threatening to kill them unless they fled their home within 24 hours.
“They complied, fled their town, and entered the United States shortly thereafter,” the petition states. The filing also says that one brother had been physically assaulted by cartel members, while another was forced to leave after receiving threats for witnessing criminal activity.
An immigration judge determined that the family’s account was credible but still denied their request for asylum and protection under the Convention Against Torture. The Board of Immigration Appeals later upheld the decision, which the family argues was based on flawed legal reasoning and factual errors.
Legal challenges to the deportation order
According to the petition, the Board allegedly made its own determinations about the risk of torture if the family were returned to Mexico, despite the initial judge not making any detailed findings on that issue. The family argues this overstepped the Board’s authority and ignored both statutory requirements and Supreme Court precedent.
The family contends that their due process rights were violated and that critical evidence supporting their claims was not properly considered during the asylum process. The petition also raises concerns about how immigration law was applied in their case.
Despite submitting documentation and testimony about the danger they say awaits them in Mexico, immigration authorities concluded the family did not meet the legal standards for protection.
Key Points
- A Mexican family is asking the U.S. Supreme Court to review their deportation case involving threats from a drug cartel.
- They claim cartel members ordered them to flee their home or be killed, prompting their entry into the U.S. in 2021.
- Immigration courts acknowledged their testimony as credible but denied relief under asylum and torture protection laws.
The Supreme Court has not yet indicated whether it will hear the case, which could impact how similar claims involving cartel threats are handled in the future.