FIRST AIRED: February 22, 2017

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Transcript

00:00:00
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NOISE]
FOREIGN]
> Rainy cellphone video capturing the moment in June 2010 when Mexican teenager Sergio Hernandez was shot and killed by US Agent, Jesus Mesa, firing the deadly shots from across the border. Nearly seven years later, the Supreme Court on Tuesday, hearing arguments on whether the boy's Mexican parents can sue the agent when their son died in Mexico, not the United States.
00:00:27
The border patrol says Hernandez was a known immigrant smuggler and was throwing rocks when Mesa shot him in self defense that day along the fence between El Paso, Texas, and Juarez Mexico. But the family says he was merely playing with friends when he was killed. Arguing the US has defacto control over the border, and that Mesa should be held liable.
00:00:47
On Tuesday, the high court appearing badly split. Liberal Justice is showing a willingness to let the lawsuit move ahead. But Justice Elena Kagan, echoing the family's argument, calling the borderline, a no man's land. But conservative justices voicing doubts the family should be able to sue. The frequent swing vote Justice, Anthony Kennedy, said the question of how to compensate victims of cross border shootings needs to be resolved.
00:01:12
A four to four split on the court would leave in place a lower court's ruling dismissing the family's claims. Case coming as President Donald Trump rolls out details of a plan to build a wall was deploying a much greater US Force along the border with Mexico. A ruling and a cases expected by late June.