After two criminal trials against Lonnie Swartz wrapped up in Tucson, Jose Antonio’s family turned to their civil lawsuit against the agent. 

Swartz’s attorneys argued that the agent had qualified immunity from prosecution in the case because he was carrying out work for the federal government. They also argued the teen’s family had no standing to sue because Jose Antonio did not have strong ties to the U.S.

The Ninth Circuit Court of Appeals in San Francisco allowed the family’s lawsuit to move forward. But another case from a Mexican family in Ciudad Juarez who was in a similar circumstance stopped any momentum. 

In June 2010, Border Patrol Agent Jesus Mesa Jr shot and killed 15-year-old Sergio Adrian Hernandez Guereca along the El Paso and Ciudad Juarez border. The Guereca family also filed a civil lawsuit against Mesa, but the Fifth Circuit Court of Appeals’ decision clashed with judges in San Francisco. 

Because of the opposing decisions, the Supreme Court of the United States decided to review the case out of El Paso. This would settle the question about what happens when a U.S. Border Patrol agent shoots and kills someone across the border in Mexico.

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