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Texas Judge Throws Out Suit over Boy Shot on Mexico Side of Rio Grande

FILE - In this Thursday, Dec. 16, 2010 file photo, U.S. Border Patrol vehicles come and go from a checkpoint, as teams of border officers comb through the Arizona desert about 10 miles north of Mexico in search of the lone outstanding suspect in the fatal shooting of Border Patrol agent Brian Terry in the rugged terrain in Rio Rico, Ariz.  The shooting Tuesday night came after agents spotted suspected bandits known for targeting illegal immigrants along a violent smuggling corridor. State Sen. Steve Smith, R-Maricopa, was the sponsor of a bill that was signed into law recently that will use donated money and inmate labor to build a "secure fence" along the U.S.-Mexico border. (AP Photo/Ross D. Franklin, file)

FILE - In this Thursday, Dec. 16, 2010 file photo, U.S. Border Patrol vehicles come and go from a checkpoint, as teams of border officers comb through the Arizona desert about 10 miles north of Mexico in search of the lone outstanding suspect in the fatal shooting of Border Patrol agent Brian Terry in the rugged terrain in Rio Rico, Ariz. The shooting Tuesday night came after agents spotted suspected bandits known for targeting illegal immigrants along a violent smuggling corridor. State Sen. Steve Smith, R-Maricopa, was the sponsor of a bill that was signed into law recently that will use donated money and inmate labor to build a "secure fence" along the U.S.-Mexico border. (AP Photo/Ross D. Franklin, file)  (AP2010)

The shooting death of 15-year-old Sergio Adrian Hernández Guereca on the Mexican side of the Rio Grande June 7, 2010, and the subsequent wrongful death suit brought by his family against the U.S. Border Patrol, drew press attention on both sides of the border.  

Last week, Senior U.S. District Judge David Briones, in West Texas, dismissed the $25 million wrongful death lawsuit and, according to a El Paso Times report on Thursday, the reason for the dismissal was that the teen was shot on on the Mexican side of the Rio Grande.

Family attorney Bob Hilliard has told The Associated Press that he'll appeal.

A lawyer for Border Patrol Agent, Jesus Mesa Jr. didn't immediately return a message for comment. 

U.S. investigators have said the agent was trying to arrest undocumented immigrants when he was targeted by rock throwers.

The Associated Press contributed to this report.

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