FILE - In this Oct. 14, 2014, file photo, a photo of Jose Antonio Elena Rodriguez, who was fatally shot by U.S. Border Patrol near the Mexico-U.S border, leans against a podium on a church altar during a memorial mass in Nogales, Sonora, Mexico. The civil rights case against Agent Lonnie Swartz over the Rodriguez' death will go forward after U.S. District Court Judge Raner C. Collins denied a part of his motion to dismiss the case. (AP Photo/Valeria Fernandez, File)
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