The 5th U.S. Circuit Court of Appeals ruled last Friday that the family of a Mexican teen who was shot and killed by a U.S. Border Patrol agent cannot sue the agent in American courts.
Sergio Adrian Hernandez Guereca, 15, was shot and killed on the Mexico side of the border in June 2010 by U.S. Border Patrol Agent Jesus Mesa Jr., who was on the U.S. side (pictured).
Mesa claimed that he was surrounded by immigrants throwing rocks at him, but a video (below) filmed by a witness contradicted that claim, noted CNN.
In the video, Mesa is seen on the right side of the screen (U.S.) and Guereca is on the left side of the screen (Mexico) before, during and after Mesa fires his gun and hits Guereca twice.
According to the Associated Press, "The unanimous ruling was issued by the full 5th U.S. Circuit Court of Appeals, reversing most of an earlier 2-1 ruling by a three-judge panel of the court."
USA Today reported that the three-judge panel stated in its 2014 ruling:
If ever a case could be said to present an official abuse of power so arbitrary as to shock the conscience, the Appellants have alleged it here. Hernandez had retreated behind the pillars of a bridge when, unprovoked, Agent Mesa fired two gunshots in his direction ... On these facts Agent Mesa had no reason to suspect that Hernandez had committed any crime or engaged in any conduct that would justify the use of any, let alone deadly, force.
However, the full 5th U.S. Circuit Court ruled that the family's claim to invoke the U.S. Constitution's Fourth Amendment and Fifth Amendment could not be done by a Mexican citizen on Mexican soil without strong ties to the U.S.