The family of a Mexican boy shot to death by a U.S. Border Patrol agent tried an argument in federal court on Tuesday previously made by an Abu Ghraib detainee and the family of another Mexican teenager killed along the border: The U.S. Constitution protects foreigners on foreign soil.
But that argument failed Arkan Mohammed Ali, an Iraqi held in the notorious U.S. military prison outside Baghdad. And it failed Sergio Adrian Hernandez Guereca’s relatives after the 15-year-old was killed by a Border Patrol agent in 2010.
The family of Jose Antonio Elena Rodriguez hopes the circumstances of his case will result in a different outcome.
Their argument, as laid out in U.S. District Court on Tuesday, centers on the Border Patrol agent on the night of Oct. 10, 2012. From enduring a flurry of stones thrown across the border to firing his .40-caliber pistol and reloading and firing again, everything the agent did was on American soil.