• 7 years ago
WASHINGTON — The U.S. Supreme Court appears divided over whether to allow a Mexican family’s civil rights case against a U.S. border guard to be revived.

The case relates to the fatal cross-border shooting of 15-year-old Sergio Hernandez in 2010 by U.S. Border Patrol Agent Jesus Mesa.

In June 2010, Hernandez and his friends were playing a game of chicken along the border wall separating Juarez, Mexico from El Paso, Texas, NPR reported.

Agent Mesa caught one of the teenagers and detained him on the U.S. side of the border, while the others ran away. Mesa then shot and killed Hernandez, who was peeking from behind a pillar on the Mexican side of the border.

Mesa said he fired in self-defense after rocks were thrown from across the border, but cellphone footage of the incident later disproved this claim, according to the Los Angeles Times.

The Supreme Court is reviewing a 2015 appeals court ruling that threw out the Hernandez family’s case against Mesa.

Conservative justices are skeptical of the case, while liberals are supportive of the boy’s family, which could result in a 4-4 split, Reuters reported.

A tie would leave the appeals court decision in place, in favor of Mesa. A ruling for the boy’s family would mean foreigners could sue the U.S. over drone attacks abroad, according to Mesa’s lawyer.

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