Cleary Gottlieb served as counsel to a group of Mexican judges, scholars and practitioners in preparing an amicus brief to the U.S. Supreme Court in Hernández v. Mesa.
In this case, the Court will address the availability of a damages claim (a so-called Bivens claim) to Mexican nationals against a U.S. Border Patrol agent, who while on the U.S. side of the U.S.-Mexican border, shot and killed their 15-year-old son, who was on the Mexican side of the border.
Amici seek to apprise the Court of the fact that no remedy is available to the boy’s family in Mexico against a U.S. federal agent who has not submitted to Mexican jurisdiction.