This case has to do with the US Governments use of deadly force at the Mexican-American border. See below.
15-118 HERNANDEZ V. MESA
DECISION BELOW: 785 F.3d 117
LOWER COURT CASE NUMBER: 12-50217
In Boumediene v. Bush, this Court held that the Constitution's extraterritorial application
"turn[s] on objective factors and practical concerns," not a "formal sovereignty-based test."
553 U.S. 723, 764 (2008). That holding is consistent with Justice Kennedy's concurrence two
decades earlier in United States v. Verdugo-Urquidez, 494 U.S. 259 (1990), rejecting four
Justices' formalist approach to extraterritorial application of the Fourth Amendment's warrant
The questions presented are:
1. Does a formalist or functionalist analysis govern the extraterritorial application of the
Fourth Amendment's prohibition on unjustified deadly force, as applied to a cross-border
shooting of an unarmed Mexican citizen in an enclosed area controlled by the United States?
2. May qualified immunity be granted or denied based on facts-such as the victim's legal
IN ADDITION TO THE QUESTIONS PRESENTED BY THE PETITION, THE PARTIES ARE
DIRECTED TO BRIEF AND ARGUE THE FOLLOWING QUESTION: “WHETHER THE CLAIM
IN THIS CASE MAY BE ASSERTED UNDER
BIVENS v. SIX UNKNOWN FED. NARCOTICS
AGENTS, 403 U.S. 388 (1971).”
CERT. GRANTED 10/11/2016