Araceli Rodriguez v. Lonnie Swartz

Opinion

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS APR 7 2020 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT

ARACELI RODRIGUEZ, individually and No. 15-16410 as the surviving mother and personal representative of J.A., D.C. No. 4:14-cv-02251-RCC

Plaintiff-Appellee, ORDER* v.

LONNIE SWARTZ, Agent of U.S. Border Patrol,

Defendant-Appellant.

On Remand from the United States Supreme Court

Before: KLEINFELD and M. SMITH, Circuit Judges, and KORMAN, ** District Judge.

On March 2, 2020, the U.S. Supreme Court granted Appellant’s petition for

certiorari, vacated our opinion filed August 7, 2018, and remanded for further

consideration in light of Hernandez v. Mesa, 589 U.S. ___ (2020). We hereby

VACATE the district court’s decision and REMAND for further proceedings

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The Honorable Edward R. Korman, United States District Judge for the Eastern District of New York, sitting by designation. consistent with Hernandez.

IT IS SO ORDERED.