The United States Supreme Court rejected the opinion of the Court of Appeals for the Fifth Circuit and said that a fifteen-year-old Mexican national, standing on Mexican soil and killed by a border patrol agent standing in the United States, may indeed have Fourth Amendment legal protections.
Sergio Adrian Hernandez Guereca was shot and killed on June 7, 2010, while he was playing with his friends, by U.S. Border Patrol agent, Jesus Mesa, Jr.
At the time of the shooting, Border Patrol agents said the shooting occurred while smugglers were trying to cross the border illegally and were throwing rocks at the agent.
Monday's decision will send the case back to Fifth Circuit consider issues the court did not address regarding Hernandez's right to sue.
The Hernandez family wants to sue that agent, saying he violated the teen's constitutional right.
Robert C. Hilliard and José Luis Muñoz DelaVega who represents the teenager's family, released a statement saying," "We look forward to going back and arguing to the Fifth Circuit that Fourth Amendment protections apply to Sergio and others like him. Border Patrol agents must abide by the very Constitution they took an oath to uphold."
"When they draw their weapons and aim across our border, they now know that this is not a free killing zone, where lawlessness is unchecked, and shootings are not investigated," the statement continued.
Attorney José Luis Muñoz DelaVega is a former Western New York resident.