9th Grants Right to Sue to Foreign National:  In a strikingly blunt opinion, a divided panel of the 9th Circuit announced that a Mexican mother, whose son on the Mexican side of the border was shot and killed by a U.S. border agent on the American side, can sue for damages.  Stephen Dinan of the Washington Times reports that agent Lonnie Swartz shot and killed Jose Antonio Rodriguez, who was allegedly among a group of youths throwing rocks at him from the Mexican side of the border.  A jury acquitted Swartz of murder and deadlocked on a manslaughter charge, before Rodriquez's mother filed a civil rights suit for damages.  The ruling, authored by Judge Andrew Kleinfeld, conflicts with a 5th Circuit decision in a similar case which held that foreign nationals do not have a right to sue.  In a dissenting opinion, 9th Circuit Judge Milan Smith warned that the majority has taken the judiciary into "uncharted territory" which may violate the separation of powers.  CJLF filed a brief in the Supreme Court's 2017 review of the 5th Circuit decision, which the high court punted back for further review.