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
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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.