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  1. #1
    Senior Member JohnDoe2's Avatar
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    Mexican feds continue probe of US Border Patrol agent who fatally shot Mexican teen

    Calderon: Mexican feds continue probe of US Border Patrol agent who fatally shot Mexican teen

    Imagine the fireworks that would go off if Mexican prosecutors charged a U.S. Border Patrol agent with the shooting death of Sergio Hernandez Guereca, a Mexican teen killed along the Rio Grande river basin between Ciudad Juarez and El Paso?

    During his recent visit to Houston, Mexican President Felipe Calderon apparently left the door open to such a scenario – among many options- when he said his country was pushing ahead with an investigation of the incident, which the U.S. Department of Justice closed last week saying there was not enough evidence to support charging the agent.

    “We really have to protect our countrymen here in the United States and protest, and follow-up, including judicially the deaths of many of our countrymen at the hands of the Border Patrol,” he said during a question and answer session with the Mexican community.

    Then he went to the latest case:

    “We have a case presented against judicial authorities, against the U.S. immigration authorities,” he said. “We have a process aimed at clarifying this killing,” he said. “Moreover, a process that our own attorney general put forth, and is ongoing precisely to investigate this (and other cases.”)

    It is unclear if Calderon was speaking about criminal charges or supporting civil lawsuits, or both.

    He did say that Mexico has seen too many of its citizens killed in the United States and that it has their backs by looking into the incidents. That includes this one, which occurred in the dry bed of the Rio Grande, as it cuts between Juarez and El Paso.

    Each country can lay claim to a half of the waterway, with the borderline – and jurisdiction of each country’s laws – going right down the middle.

    Of course, even if Mexico were to charge the agent, there would a far less than zero of a chance that agent would be extradited to Mexico to face justice there. And so, any such actions would just be part of a show that would play out well at home, but dump cold water on relations between the two countries, from the politician level to the level of law-enforcement agents on the ground.

    Mexico President Felipe Calderon

    Calderon’s comments came just days before the Department of Justice announced Friday that it was closing an investigation into the shooting on the grounds that there was insufficient evidence to further pursue criminal charges.

    U.S. prosecutors concluded they could prove beyond a reasonable doubt that the agent broke the law on June 7, 2010, when he shot Hernandez Guereca.

    The lengthy statement notes in part:

    “The team of experienced prosecutors examined the shooting as a possible violation of U.S. criminal civil rights laws and as a possible violation of federal homicide statutes. With regard to the federal homicide statutes, the team of prosecutors and agents concluded that there is insufficient evidence to pursue prosecution of the (U.S. Customs and Border Protection) agent for a federal homicide offense. This review took into account evidence indicating that the agent’s actions constituted a reasonable use of force or would constitute an act of self-defense in response to the threat created by a group of smugglers hurling rocks at the agent and his detainee.”

    It notes that 25 law enforcement officers and civilians were interviewed during the investigation and that in addition to collecting and analyzing evidence at the scene of the shooting, they reviewed law enforcement radio traffic, 911 recording, surveillance video and other material such as the agent’s disciplinary record.

    Calderon: Mexican feds continue probe of US Border Patrol agent who fatally shot Mexican teen | Narco Confidential | a Chron.com blog
    NO AMNESTY

    DON'T REWARD THE CRIMINAL ACTIONS OF MILLIONS OF ILLEGAL ALIENS

    BY GIVING THEM CITIZENSHIP

  2. #2
    Senior Member JohnDoe2's Avatar
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    NO AMNESTY

    DON'T REWARD THE CRIMINAL ACTIONS OF MILLIONS OF ILLEGAL ALIENS

    BY GIVING THEM CITIZENSHIP

  3. #3
    Super Moderator Newmexican's Avatar
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    “We really have to protect our countrymen here in the United States and protest, and follow-up, including judicially the deaths of many of our countrymen at the hands of the Border Patrol,” he said during a question and answer session with the Mexican community
    .
    This sounds like he wants diplomatic status for Mexican citizens that are in this country without the proper permission. I seems that he is extending the protection of Mexico to Mexicans outside of his jurisdiction. At the same time, he is encouraging his countrymen to come here and multiply and live off of the US taxpayers. Give them all Diplomatic status - Diplomats children don't get automatic citizenship because their parents are "under the jurisdiction of" their home country.

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    I hope that Ii'm alive to see Mexican officials push something so hard that it can be viewed as an act of war. Mexico has waged economis war against us for a very long time, probably more than my 70 year lifetime. All I asked for after Kevin's unnecessay death was proper control of the border so that families like ladyhawk's did noit have to experience that. Now short of having Mexico waive the flag of surrender similar to Japan in WWII is necessary to protect US citizens. Problem enlarged by Reagan and his amnesty. I will not forget that ever! One of the top 10 mistakes made by American voters..

  5. #5
    Super Moderator Newmexican's Avatar
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    Problem enlarged by Reagan and his amnesty. I will not forget that ever! One of the top 10 mistakes made by American voters..
    I believe that he said that he regretted that amnesty and in latter life said that it was one of his biggest mistakes. The government failed to complete the deal. The border was to be closed if we gave the 2 million that were initially approved amnesty. Instead, there were at least 3 million that were given amnesty and many of them seem to have set up the way stations for their underground railroad for the masses.

    It starts with a Mexican restaurant and then they start coming in waves. But then that is only a personal observation and opinion.

  6. #6
    Administrator Jean's Avatar
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    Mexico Threatens U.S. For Absolving BP In Illegal Alien Shooting
    May 01, 2012
    Judicial Watch

    Mexico has issued the U.S. government what amounts to a diplomatic threat for exonerating a Border Patrol agent who shot an illegal immigrant near the Texas border nearly two years ago after being assaulted with rocks.

    The shooting occurred in the summer of 2010 when the federal agent, Jesus Mesa, spotted a group of Mexicans crossing the Rio Grande near El Paso. U.S. authorities say Mesa fatally shot a teen (Sergio Hernández-Guereca) traveling with the group in self-defense after the teen and his friends threw rocks at the agent.

    Last year a Texas judge dismissed a wrongful death lawsuit against the U.S. government but allowed a lawsuit against the agent to proceed. The Obama Department of Justice (DOJ) has spent the last two years conducting a “comprehensive and thorough investigation into the shooting” in an effort to file federal criminal charges against the Border Patrol agent.

    But a few days ago the DOJ conceded that there is “insufficient evidence” to pursue federal criminal charges against Mesa. “The U.S. government regrets the loss of life in this matter, and the Civil Rights Division, the U.S. Attorney’s Office for the Western District of Texas, the FBI and the Department of Homeland Security devoted significant time and resources into conducting a thorough and complete investigation,” the DOJ says in a statement.

    The lengthy probe was conducted by an army of federal officers from the FBI, Homeland Security Inspector General and top prosecutors from the DOJ’s bloated Civil Rights Division. They interviewed dozens of law enforcement and civilian witnesses and collected, analyzed and reviewed evidence from the scene of the shooting. This included civilian and surveillance video, police radio traffic, emergency recordings and volumes of Border Patrol agent training and use of force material.

    Agent Mesa’s training, disciplinary records and personal history were also scrutinized. The team of experienced DOJ prosecutors examined the shooting as a possible violation of U.S. criminal and civil rights laws, but the incident did not meet the standard. Evidence indicated that the “agent’s actions constituted a reasonable use of force or would constitute an act of self-defense in response to the threat created by a group of smugglers hurling rocks at the agent…” the feds concluded.

    They further determined that no federal civil rights charges could be pursued in this matter since applicable statutes require prosecutors to establish beyond a reasonable doubt that a law enforcement officer willfully deprived an individual of a constitutional right. That means with the deliberate and specific intent to do something the law forbids. Again, after a thorough review, the experienced federal prosecutors and FBI agents concluded that the evidence was insufficient.

    The decision has been met with anger among Mexican government officials who have threatened to launch an international investigation. The Spanish-language news media presented the story as the exoneration of the American agent who assassinated a Mexican youth. In a diplomatic note from its secretary of foreign relations, Mexico’s government chastised the DOJ’s decision not to criminally charge the Border Patrol agent.

    Mexico has also threatened to conduct its own investigation into the DOJ’s handling of the case and has warned the U.S. to assure that Mexicans’ fundamental rights are being respected. The teen’s family, which lives in Mexico, has sued Agent Mesa despite the DOJ’s decision not to criminally charge him.

    Mexico Threatens U.S. For Absolving BP In Illegal Alien Shooting | Judicial Watch
    We have immigration laws that just need to be enforced.

  7. #7
    Super Moderator Newmexican's Avatar
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    warned the U.S. to assure that Mexicans’ fundamental rights are being respected.
    Can we sue the Mexican government for encouraging and assisting their citizens to come here to support the economy of Mexico through illegal labor and welfare and tax fraud? Can we make them pay for all of their "citizens" that are in our prison system for the crimes they commit?

    Can Mexico be "sued" for the Mexican "citizens" that come here and a kill THOUSANDS of our citizens? Please.
    Last edited by Newmexican; 05-01-2012 at 10:46 PM.

  8. #8
    Super Moderator Newmexican's Avatar
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