A USDOJ investigation of the incident found that Sergio Hernandez and his companions were human smugglers attempting an illegal border crossing. When Agent Jesus Mesa detained one of the group, the others pelted him with rocks. Agent Mesa fired from the U.S. side of the border, and Hernandez was killed on the Mexico side. DOJ determined that Agent Mesa acted in accordance with policy.

Hernandez's parents have pursued a suit for years, alleging that he was just an innocent boy playing an innocent game when a "rogue" officer gunned him down for no reason. Because Agent Mesa and the Government are moving for judgment without a trial, these allegations are assumed to be true solely for the limited purpose of ruling on that motion. Some reports of the case mislead the public into thinking that the parents' improbable allegations are the actual facts of the case.

CJLF's amicus brief is here. Kimberly Robinson has this report on the argument for Bloomberg Law. Brent Kendall has this report for the WSJ.