Court: Mexican family can't sue agent in cross-border death

Featured Legal News

A federal appeals court says a U.S. Border Patrol agent who fired his gun in Texas and fatally wounded a teenager across the Mexican border cannot be sued by the teen's family.

The 5th U.S. Circuit Court of Appeals ruled Tuesday in the case of 15-year-old Sergio Adrian Hernandez. He was killed by agent Jesus Mesa  in 2010. The Justice Department has said Mesa was trying to stop illegal border crossings and fired after he came under a barrage of rocks.

The appeals court voted 13-2 to uphold a federal district judge's dismissal of the family's claims. The case involved questions of whether and when constitutional rights afforded American citizens extend to non-citizens outside the nation's boundaries.

The appellate court majority said the case involved issues of diplomacy and national security.

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Processing Change for Certain Form I-730 Petitions

USCIS changed the processing location for certain Form I-730, Refugee/Asylee Relative Petition, filings. Previously the Service Center Operations Directorate processed these filings. Now, the International Adjudications Support Branch (IASB) in the Refugee, Asylum, and International Operations Directorate will process the petitions filed by individuals who were admitted to the United States as refugees. Petitioners and/or accredited representatives who file refugee-based Form I-730 petitions will receive further instructions when IASB receives their filings. Form I-730 petitions filed by persons granted asylum will not be affected by this change. The mailing instructions for Form I-730 remain the same. Petitioners should continue to follow the Where to File directions on the Form I-730 page. This policy update is consistent with the Department of Labor’s (DOL’s) Standard Occupational Classification system. DOL defines economists as people who conduct research, prepare reports, or formulate plans to address economic problems related to the production and distribution of goods and services or monetary and fiscal policy. Economists may collect and process economic and statistical data using sampling techniques and econometric methods.