Federal Agent Shoots Mexican Teen: New Orleans Appeals Court Hears Case, Again

NEW ORLEANS, LA — A federal appeals court in New Orleans is considering whether a federal border patrol agent can be sued in the U.S. over a cross-border shooting that killed a Mexican teenager seven years ago.

Jesus Mesa was in Texas when he shot 15-year-old Sergio Adrian Hernandez Guereca in June 2010. The Mexican teen was on Mexican soil. At issue is whether he can claim constitutional rights — including the Fifth Amendment right to due process — and whether Mesa, a federal agent, can even be sued in the case. Exactly what happened has been in dispute, including whether the teen was throwing rocks.

The 15-member 5th U.S. Circuit Court of Appeals heard arguments Wednesday. The court didn't indicate when it might rule. (For more information on the case and other New Orleans stories, subscribe to Patch to receive daily newsletters and breaking news alerts. If you have an iPhone, click here to get the free Patch iPhone app.)

The court sided with the federal agent in 2015 but was told to take another look at constitutional issues in the case by the Supreme Court.

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