case study 3
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Feb 20, 2024
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Uploaded by ConstableHummingbird1243
Owen Forrest
HFT 3603, Section 2
Chapter 12: Guest Rights
October 29, 2023
Jesus C. Hernandez, et al.; Petitioners V. Jesus Mesa Jr.
https://scholar.google.com/scholar_case?
case=14844167427635167847&q=hotel+guest+rights+case&hl=en&as_sdt=40006&as_ylo=201
9
Summary
In summary, in 2019 a very tragic event occurred at the border between the United States and Mexico. The case that occurred happened between a man named Jesus Mesa Jr who works for the United States Border patrol, and a 15-year-old kid from Mexico who is not a resident of the United States. According to the case, “
Mesa was standing on U.S. soil when he fired the bullets that struck and killed Hernández, who was on Mexican soil, after having just run back across the border following entry onto U.S. territory” (Jesus C. Hernandez V. Jesus Mesa Jr.). This was a very tragic and sad event that occurred and in return, there was a lot of mixed feelings
about who was at fault in this case and if the Border Patrol worker for the United States border should be criminally charged.
This was a very controversial case because Mesa, the United States Border Patrol employee stated that the 15 year old kid was trying to illegally cross the border and get into the United States without being a citizen, but the 15 year old Hernandez’s parents stated that the young kid was just playing a game with his friends where you run back and forth across the border into the United States and then Back to Mexico. After a long time to come up with a final decision for the case, the end result was that the Supreme Court ruled that Mesa, the United States border patrol employee was not at fault and didn’t violate any laws. He was found innocent, and all charges were dropped. The U.S. also chose to deny Mexico’s request to extradite Mesa to go to jail in Mexico.
Chapter Context
In chapter 12 of the textbook, the author explains what the definition of a guest’s rights are and gives multiple examples on what they can and can’t do. This case relates directly to the chapter because even though what happened to the 15-year-old kid was very sad and tragic, he violated guest rights, and the U.S. Border Patrol employee was found innocent because he didn’t break the law. Hernandez, the 15-year-old kid violated the guest rights of the United States by crossing the border illegally even if it was just for a game he was playing with his friends. The border patrol employee was found innocent because he was just following his training and the border policy on what to do when someone tries to illegally cross the border from Mexico into the United States.
Recommendations
I have many recommendations on things that need to change after reviewing this case study. I believe that one thing that they can do is change the U.S. Border Patrol policy so that the
first instinct isn’t to shoot people crossing the border because this 15 year old kids parents stated that he was playing a game and wasn’t crossing the border illegally, and we want to fix this issue
so that something tragic like this never happens again. I believe that our country needs to come up with new ways to keep people from crossing the United States Border illegally but also ensure
that no one gets accidentally hurt at the same time.
Citations
Hernandez v. Mesa, 589 U.S. ___ (2020)
. Justia Law. (n.d.). https://supreme.justia.com/cases/federal/us/589/17-1678/
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