Immigration Law

CA5 on Bivens, 5th Amendment: Hernandez v. Mesa (Cross-Border Killing by Border Patrol)

"We therefore hold that a noncitizen injured outside the United States as a result of arbitrary official conduct by a law enforcement officer located in the United States may invoke the protections provided by the Fifth Amendment. ... we extend a Bivens action in this specific context in which an individual located abroad asserts a right to be free from gross physical abuse under the Fifth Amendment against federal law enforcement agents located in the United States based on their conscience-shocking, excessive use of force across our nation’s borders." - Hernandez v. Mesa, June 30, 2014.

"The parents' attorney, Bob Hilliard with Hilliard Munoz in Corpus Christi, hailed the reversal as a "resounding victory for the rule of law and for common human decency.  No family should have to suffer as Sergio's has, with no ability to have a court of law review the legitimacy of what appears from several video tapes to be an entirely unjustified killing of their teenage son," Hilliard said Monday evening. "This decision gives every non-U.S. citizen the comfort of knowing they will not be subject to being murdered in cold blood while standing in their home country." " - Courthouse News, July 2, 2014.

"The U.S. Border Patrol’s union says that an appellate court ruling allowing a foreign national’s family to sue Border Patrol agents could seriously endanger officers, who in the future might hesitate to use deadly force when necessary." - Texas Tribune, July 1, 2014.

- Sergio Adrían Hernández Güereca