Free Zone For Agents Who Shoot And Kill
Instead, Mexican police held her back from the crime scene. So she watched him from above the canal that carries the Rio Grande between the American city of El Paso, Texas,and the Mexican city of Ciudad Jurez. side of the river canal, as the rest fled. Sensing that someone was throwing rocks, he turned toward Sergio, who had taken cover behind the bridge piling on the Mexican side of the river, and shot him in the face.
Canada Goose Coats On Sale With the help of a Texas law firm, Gereca and her husband, Jess Hernndez, sued the Border Patrol agent in federal canada goose deals court for the July 7, 2010, killing, claiming he violated their son’s constitutional rights. But Mesa’s lawyers convinced a series of courts to reject the claims, relying on longstanding precedent that makes it all but impossible for a noncitizen to hold federal officials responsible for misconduct that occurs on foreign soil even when someone’s child dies, and even if the bullets that killed him were fired from the United States. Court of Appeals for the 5th Circuit concluded in a short, unsigned Canada Goose sale opinion that because the teen was “a Mexican citizen who had no significant voluntary connection” to the Canada Goose Jackets United States and Canada Goose online was standing on Mexican canada goose coats on sale soil, the American Constitution doesn’t protect canada goose black friday sale him. But a number of them wrote lengthy concurring opinions they were evidently torn on the correct rationale for their decision. Canada Goose Coats On Sale
buy canada goose jacket Now it’s the Supreme Court’s turn to hear the dispute. agents can kill innocent civilians with impunity,” as lawyers for Sergio’s family put it in their appeal. buy canada goose jacket
buy canada goose jacket cheap Hernndez v. Mesa, as the case is known, will mark the first time a Department of Justice lawyer working under President Donald Trump who rose to power on charged rhetoric against Mexicans will argue for the government before the Supreme Court. Expanding constitutional protections for people like Sergio wouldn’t just allow Hernndez and Gereca canada goose outlet to sue Mesa in an American court and maybe obtain some monetary relief. A ruling in their favor could have sweeping consequences, opening up Border Patrol agents to civil liability for similar cross border incidents, which are far from isolated. buy canada goose jacket cheap
canada goose The case has canada goose coats drawn a chorus of advocates and legal scholars to Sergio’s side including the Mexican government, which has weighed in on the case to stand up for its sovereign interests and the teen’s family. wants to have it both ways, the Mexican government contends: It refuses to allow its own courts to exercise civil and criminal jurisdiction over the shooting, but it also won’t let Mexico extradite Mesa so he can face the justice system there. canada goose
Canada Goose Jackets The Hernndez family itself feels ambivalent about the support they’ve received from Canada Goose Outlet the Mexican government. Local officials promised the traumatized cheap Canada Goose parents therapy, but they never received it. Mexican officialspaid for the funeral. But five years later, when Gereca went to place a tombstone at the grave, she was canada goose told the site didn’t belong to her. Government officials had failed to pay and only made good after she showed up at the graveyard with a reporter, she said. Border Patrol, advised the Supreme Court that Canada Goose Parka increasing militarization, poor hiring and training, and a culture of corruption within the agency are to blame for the lack of accountability for use of force incidents on both sides of the border. By their estimates, since 2010, at least eight people on the Mexican side have been shot and killed by agents. CBP’s own figures for 2010 to 2016 put the overall number of incidents involving firearms in the hundreds, and a separate investigation by The Arizona Republic concluded at least 45 people 13 of them American died at the hands of CBP officers and Border Patrol agents between 2005 and 2014. He said he agreed to represent Sergio’s parents out of conviction, and that to him the case is about “the most fundamental right of all the fundamental right to live.” Canada Goose Jackets
Canada Goose Outlet Because the case has been dismissed at a very early stage, no court has conclusively determined the events leading up to Sergio’s death. But this is how the family’s lawyers and judges so far have characterized them, and how Sergio’s parents remember the day their 15 year old was killed. Canada Goose Outlet
canada goose uk black friday The day Sergio was shot, he and a group of friends were playing a game, running across the border and jumping up to touch the border fence, then scurrying back, according to court filings. territory. The temperature reached more than 100 degrees that summer day, leaving the tunnel’s riverbed nearly dry. canada goose uk black friday
canada goose clearance sale Mesa, a Border Patrol agent,bicycled over to stop them. Weapon drawn, he grabbed one of the boys as the rest scattered. Sergio hid behind a pillar supporting one of four international bridges that carry tens of thousands of people between El Paso and Ciudad Jurez daily. Bystanders filmed the scene from afar with their cellphones. canada goose clearance sale
canada goose factory sale Some of the boys threw rocks, although the family’s attorney says Sergio wasn’t canada goose clearance one of them. Mesa turned toward Sergio and fired twice, obliterating his left eye socket and leaving him on his back in a pool of blood, according to the Mexican homicide report. territory, but the bullet punctured Sergio’s brain canadian goose jacket 36 feet away, in Mexico. Department of Justice in conjunction with local federal prosecutors, https://www.canadagoosejacketonlines.ca the buy canada goose jacket cheap FBI and the Department of Homeland Security declined to prosecute Mesa. That’s par for the course: criminal prosecutions for cross border shootings are virtually nonexistent. government regrets the loss of life in this matter. government regrets the loss of life in this matter,” read a DOJ press release in 2012 announcing the federal government wouldn’t charge Mesa with murder or a civil rights crime. The statement went on to say its investigation into Sergio’s death “took into account evidence indicating that the agent’s actions constituted a reasonable use of force or would constitute an act of self defense in response to the threat created by a group of smugglers hurling rocks at the agent and his detainee.” canada goose factory sale
Canada Goose Parka Mesa’s lawyer, Randolph Ortega, was with him “since under one hour after the trigger was pulled,” Ortega said,and accompanied him to every interview the federal government conducted as it investigated the incident. Canada Goose Parka
canada goose clearance Mesa retained Ortega through the legal defense fund of the National Border Patrol Council, the union that represents Border Patrol agents. The union generally feels that the public underestimates the threats agents face daily when patrolling the border and viewed Trump’s election as a mandate to carry out their duties more aggressively. Shawn Moran, a spokesman for the union, declined to comment on the specifics of Mesa’s case, but said the organization is watching the Supreme Court case closely and may say more once a decision is handed down. canada goose clearance
Canada Goose online Citing his client’s privacy, Ortega offered few details about how Mesa has dealt with the fallout from the civil rights lawsuit against him. Customs and Border Protection. But the case has upended Mesa’s life as well, his lawyer said. Canada Goose online
“He’s had to uproot his family from El Paso, Texas, and moved hundreds of miles away, which has caused them significant hardship,” saidOrtega, who has more than 20 years of experience representing Border Patrol agents. “He’s had threats on his life and so has his family.”
This is an area that’s generally utilized for two reasons: narcotics trafficking and human trafficking.
uk canada goose outlet Randolph Ortega, the border agent’s lawyer, on the location where the shooting occurred uk canada goose outlet
canadian goose jacket Mesa hasn’t attended any of the court hearings in the case and won’t attend the one at the Supreme Court, Ortega said. Cristobal Galindo, one of the local lawyers for Sergio’s parents, said they won’t attend the hearing, either. canadian goose jacket
Canada Goose Online Ortega maintained that Mesa, as DOJ concluded, canada goose clearance sale acted in self defense when he was trying to arrest an undocumented immigrant at the scene who Ortega said was ultimately prosecuted and convicted. Mesa began to open fire after a group of people began to hurl rocks at him as he was trying to do his job Canada Goose Online.