Federal Court Rules Teen Smuggler in Mexico Shot By Border Agent Had Rights

sergio guereca
Mexican officials surround the body of 15 year-old Sergio Adrian Hernandez Guereca, under the Paso Del Norte border bridge in Ciudad Juarez, northern Mexico, Monday, June 7, 2010. Chihuahua state officials released a statement Tuesday, June 8, demanding a full investigation into the death of the boy who was murdered by U.S. Border Patrol agent Jesus Mesa Jr.after a confrontation, according to Mexican authorities. (AP Photo)

Sergio Adrian Hernandez Huereca, the Mexican teen shot and killed by border patrol agents in El Paso, was on the most wanted juvenile immigrant smuggler list. Sergio had been arrested at least four times since 2008.

Sergio Huereca was arrested on suspicion of smuggling illegal immigrants across the U.S.-Mexico border.


A federal court ruled this week that the Mexican teen shot dead in Mexico after he hurled rocks at a US border agent was protected by the US Constitution.
The AP reported:

A federal appeals court ruled Monday that a Mexican teenager killed by a Border Patrol agent was protected by the U.S. Constitution, even though the teen was on Mexican soil when he was shot.

The ruling from the 5th U.S. Circuit Court of Appeals means the family of 15-year-old Sergio Adrian Hernandez Guereca can move forward with a civil lawsuit against the agent.

“This recognizes human rights belong to everyone. Not just American citizens,” or human beings standing on U.S. soil, said Bob Hilliard, one of the lawyers representing the family.

The original lawsuit was filed against the Border Patrol, the Department of Homeland Security, Customs and Border Protection, agent Jesus Mesa and the U.S. Department of Justice. But part of the ruling relieves the agent’s supervisors and the agencies from responsibility.

“The appellants (do not point to) any other evidence that would suggest that the supervisors were personally responsible for the alleged constitutional violation,” the ruling says.

Witnesses in 2010 said a group of people on the Mexican side were throwing rocks at the agents.

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