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Hernandez V. Mes An Unarmed Mexican Citizen From A Border Patrol Agent

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Hernandez v. Mesa involves the shooting of an unarmed Mexican citizen from a border patrol agent within the United States. The 5th circuit of appeals ruled in favor of the government and now the case is in the hands of the Supreme Court. The Supreme Court heard the oral arguments of both sides on February 21st, 2017. Hernandez v. Mesa can be traced to the 5th Circuit of Appeals using three articles. The first article, “Mexican politicians urge Border Patrol agent 's extradition for trial in shooting,” was completed June 10th, 2010 and was featured on Cleveland.com. Cleveland.com is the major news source for millions of viewers per month, based in Ohio in Ohio (“About us,” 2017). The Associated Press, a non-partisan news association, …show more content…

The second issue is whether Mesa violated the Fourth Amendment rights of Hernandez by killing him and whether Hernandez would have qualified for those rights. The 5th Circuit of Appeals contains mostly conservative justices with over two-thirds of them appointed by Republican Presidents (Wray, 2014). When considering this case, the 5th Circuit of Appeals ruled that Mesa had “qualified immunity and could not be sued by the teen’s family” (Lipkin, 2015). The court also ruled that Hernandez did not have a voluntary connection to the United States which would grant him the protections of the Fourth and Fifth Amendment (Barajas, 2015). Something interesting about this case is that it was originally ruled in Hernandez’s favor the first time it reached the 5th Circuit by a panel of three judges. However, the entire 5th Circuit eventually ruled against that decision to find in favor of the government. This case was appealed to the Supreme Court and accepted on October 11th, 2016. Although the 5th Circuit of Appeals ruled against Hernandez, the Supreme Court appears split. As a 4-4 court, Justice Kennedy has been the deciding vote in many cases. The oral arguments and questions provide a window into the potential outcome of the case, and three moments stand out. The first key moment is fifteen minutes, forty-one seconds into the oral argument. Robert Hilliard, the representative of Hernandez, argues that the jurisdiction of the United States extends into

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