Jesus Hernandez v. USA

Opinion

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit

___________________ FILED July 27, 2017

No. 11-50792 Lyle W. Cayce ___________________ Clerk

JESUS C. HERNANDEZ, Individually and as the surviving father of Sergio Adrian Hernandez Guereca, and as Successor−in−Interest to the Estate of Sergio Adrian Hernandez Guereca; MARIA GUADALUPE GUERECA BENTACOUR, Individually and as the surviving mother of Sergio Adrian Hernandez Guereca, and as Successor−in−Interest to the Estate of Sergio Adrian Hernandez Guereca, Plaintiffs − Appellants

v.

UNITED STATES OF AMERICA; UNITED STATES DEPARTMENT OF HOMELAND SECURITY; UNITED STATES BUREAU OF CUSTOMS AND BORDER PROTECTION; UNITED STATES BORDER PATROL; UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT AGENCY; UNITED STATES DEPARTMENT OF JUSTICE, Defendants − Appellees

−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−− CONS w/ 12−50217

JESUS C. HERNANDEZ, Individually and as the surviving father of Sergio Adrian Hernandez Guereca, and as Successor−in−Interest to the Estate of Sergio Adrian Hernandez Guereca; MARIA GUADALUPE GUERECA BENTACOUR, Individually and as the surviving mother of Sergio Adrian Hernandez Guereca, and as Successor−in−Interest to the Estate of Sergio Adrian Hernandez, Plaintiffs − Appellants

v.

JESUS MESA, JR., Defendant − Appellee

−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−

CONS w/ 12−50301

JESUS C. HERNANDEZ, Individually and as the surviving father of Sergio Adrian Hernandez Guereca, and as Successor−in−Interest to the Estate of Sergio Adrian Hernandez Guereca; MARIA GUADALUPE GUERE BENTACOUR, Individually and as the surviving mother of Sergio Adrian Hernandez Guereca, and as Successor−in−Interest to the Estate of Sergio Adrian Hernandez, Plaintiffs − Appellants

v.

RAMIRO CORDERO; VICTOR M. MANJARREZ, JR., Defendants − Appellees

____________________

Appeals from the United States District Court for the Western District of Texas, El Paso

____________________

ON REMAND FROM THE UNITED STATES SUPREME COURT

(Opinion June 30, 2014, 5 Cir., 2014, 757 F.3d 249)

(Opinion on En Banc Rehearing April 24, 2015, 5 Cir., 2015, 785 F.3d 117)

Before STEWART, Chief Judge, JOLLY, JONES, SMITH, DENNIS, CLEMENT, PRADO, OWEN, ELROD, SOUTHWICK, HAYNES, GRAVES, HIGGINSON and COSTA, Circuit Judges.

BY THE COURT:

IT IS ORDERED that this cause shall be reheard by the court en banc with oral argument on September 20, 2017. Briefing instructions will follow in a separate court directive.