- Associated Press - Monday, May 11, 2015

TUCSON, Ariz. (AP) - A federal judge in Tucson has set a date for oral arguments in a motion to dismiss a lawsuit filed against the U.S. Border Patrol over a cross-border fatal shooting.

Attorneys will present arguments on May 26 in the case involving the death of 16-year-old Jose Antonio Elena Rodriguez in Nogales, Sonora, on Oct. 10, 2012.

The Border Patrol has said Elena Rodriguez was part of group throwing rocks at agents. But his family contends Elena Rodriguez was walking home from a basketball game when Agent Lonnie Swartz shot and killed him. Elena Rodriguez sustained multiple gunshot wounds.

The government filed a motion to dismiss the case, saying the U.S. Constitution doesn’t protect Elena Rodriguez because he was in Mexico at the time of the shooting. Swartz was in Arizona.

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