Hernandez v. United States

• Decision Date: 05 November 2014
• Docket Number: Nos. 11–50792,12–50301.,12–50217,s. 11–50792
• Citation: 771 F.3d 818 (Mem)
• Parties: Jesus C. HERNANDEZ, Individually and as the surviving father of Sergio Adrian Hernandez Guereca, and as Successor–in–Interest to the Estate of Sergio Adrian Hernandez Guereca; Maria Guadalupe Guereca Bentacour, Individually and as the surviving mother of Sergio Adrian Hernandez Guereca, and as Successor–in–Interest to the Estate of Sergio Adrian Hernandez Guereca, Plaintiffs–Appellants v. UNITED STATES of America; United States Department of Homeland Security; United States Bureau of Customs and Border Protection; United States Border Patrol ; United States Immigration and Customs Enforcement Agency; United States Department of Justice, Defendants–Appellees Jesus C. Hernandez, Individually and as the surviving father of Sergio Adrian Hernandez Guereca, and as Successor–in–Interest to the Estate of Sergio Adrian Hernandez Guereca; Maria Guadalupe Guereca Bentacour, Individually and as the surviving mother of Sergio Adrian Hernandez Guereca, and as Successor–in–Interest to the Estate of Sergio Adrian Hernandez, Plaintiffs–Appellants v. Jesus Mesa, Jr., Defendant–Appellee Jesus C. Hernandez, Individually and as the surviving father of Sergio Adrian Hernandez Guereca, and as Successor–in–Interest to the Estate of Sergio Adrian Hernandez Guereca; Maria Guadalupe Guere Bentacour, Individually and as the surviving mother of Sergio Adrian Hernandez Guereca, and as Successor–in–Interest to the Estate of Sergio Adrian Hernandez, Plaintiffs–Appellants v. Ramiro Cordero; Victor M. Manjarrez, Jr., Defendants–Appellees.
• Court: U.S. Court of Appeals — Fifth Circuit

771 F.3d 818 (Mem)

Jesus C. HERNANDEZ, Individually and as the surviving father of Sergio Adrian Hernandez Guereca, and as Successor–in–Interest to the Estate of Sergio Adrian Hernandez Guereca;

Maria Guadalupe Guereca Bentacour, Individually and as the surviving mother of Sergio Adrian Hernandez Guereca, and as Successor–in–Interest to the Estate of Sergio Adrian Hernandez Guereca, Plaintiffs–Appellants
v.
UNITED STATES of America;

United States Department of Homeland Security;

United States Bureau of Customs and Border Protection;

United States Border Patrol ;

United States Immigration and Customs Enforcement Agency;

United States Department of Justice, Defendants–Appellees
Jesus C. Hernandez, Individually and as the surviving father of Sergio Adrian Hernandez Guereca, and as Successor–in–Interest to the Estate of Sergio Adrian Hernandez Guereca;

Maria Guadalupe Guereca Bentacour, Individually and as the surviving mother of Sergio Adrian Hernandez Guereca, and as Successor–in–Interest to the Estate of Sergio Adrian Hernandez, Plaintiffs–Appellants
v.
Jesus Mesa, Jr., Defendant–Appellee
Jesus C. Hernandez, Individually and as the surviving father of Sergio Adrian Hernandez Guereca, and as Successor–in–Interest to the Estate of Sergio Adrian Hernandez Guereca;

Maria Guadalupe Guere Bentacour, Individually and as the surviving mother of Sergio Adrian Hernandez Guereca, and as Successor–in–Interest to the Estate of Sergio Adrian Hernandez, Plaintiffs–Appellants
v.
Ramiro Cordero;

Victor M. Manjarrez, Jr., Defendants–Appellees.

Nos. 11–50792
12–50217
12–50301.

United States Court of Appeals, Fifth Circuit.

Nov. 5, 2014.

Robert C. Hilliard, Esq., Rudy O. Gonzales, Jr., Marion M. Reilly, Hilliard Munoz Gonzales, L.L.P., Corpus Christi, TX, Cristobal Miguel Galindo, Houston, TX, Steve D. Shadowen, Esq., Hilliard & Shadowen, L.L.C., Mechanicsburg, PA, for Plaintiff–Appellant.

Henry Charles Whitaker, U.S. Department of Justice, Washington, DC, Harold Edwin Brown, Jr., Esq., Assistant U.S. Attorney, U.S. Attorney's Office, San Antonio, TX, Helen Louise Gilbert, Esq., Daniel Joseph Lenerz, Esq., Robert Mark Loeb, U.S. Department of Justice, Washington, DC, Zachary Carl Richter, Assistant U.S. Attorney, U.S. Attorney's Office, Austin,...