The Supreme Court had ruled in United States v. Verdugo-Urquidez in 1990 that the Constitution provides non-citizens no protection against unreasonable searches and seizures by government agents beyond the US border.
An appellate court ruled in 2014 that Mesa could be sued in his individual capacity although the American agencies could not.
It also held that because Hernandez was not on USA soil when he was shot, the department had no jurisdiction to bring charges against the agent.
The Los Angeles Times reported in February 2014 that an independent internal audit commissioned by Customs and Border Protection, which tried to keep it secret, had found 67 cases of Border Patrol agents firing at Mexicans from January 2010 to October 2012.
The Supreme Court declined to rule on the broader case overall, ordering the lower appeals court to reconsider the case against certain legal points that were not weighed the first time around. "When they draw their weapons and aim across our border, they now know that this is not a free-killing zone".
Claiming he was the target of rock throwers, Mesa - who was standing on the US side - pulled his handgun and shot 15-year-old Sergio Hernandez Guereca in the head as he peeked out from behind a concrete pillar on the Juarez side of the global culvert.
Mesa shot and killed Hernandez in a concrete-lined ditch bed of the Rio Grande river, which separates El Paso, Texas, from Ciudad Juarez, Mexico. Hernandez and the others ran back to the Mexican side of the culvert and hid.
The Supreme Court said the lower court made a mistake when it found Mesa had qualified immunity.
The El Paso Times reports (http://bit.ly/2t9ZKp7 ) Border Patrol Agent Lorenzo Hernandez told authorities he was helping his mother at her food truck June 9 when the men asked for a ride, saying their auto broke down.
The U.S. Supreme Court has returned to a federal appeals court a case that claims constitutional protections for a Mexican teen shot and killed by a U.S. border patrol agent. While he may have had a Fifth Amendment claim, the circuit court said Mesa enjoyed qualified immunity for his actions.
Hernandez had been arrested twice in the US for human smuggling and released because he was a juvenile, but the agent didn't know that when he shot him under the left eye.
The United States Supreme Court vacated the opinion of Fifth Circuit and sent the case back to consider issues the Fifth Circuit did not address regarding Hernandez's right to sue. "What else needs to be discovered to further the analysis and the facts?'" Hayes said.
Robert Hilliard, an attorney representing Sergio's family, said after the Supreme Court's decision that he is eager to return to the appeals court to argue the case before the 5th U.S. Circuit Court of Appeals. This decision affirms that the right to life is the single most fundamental human right and protecting it is paramount in our society.