Widow of Rock-Throwing Mexican Shot on Border Has No Remedy

The widow of a Mexican national shot while allegedly throwing rocks at a U.S. border patrol agent from atop the fence on the border can’t pursue claims under either Alien Tort Statute or the Fourth Amendment, the Ninth Circuit said.

Jose Yañez-Reyes’ widow claimed the U.S. Customs and Border Patrol’s policy that authorizes deadly force in response to rock throwing runs afoul of the ATS because it violates an international norm against extrajudicial killings. Even assuming that’s true, the claim isn’t actionable because the ATS doesn’t waive sovereign immunity, the opinion by Judge M. Margaret McKeown said.

Bivens v. Six ...