FILE - In this Oct. 10, 2014, file photo, a poster in the likeness of Jose Antonio Elena Rodriguez hangs next to a makeshift memorial, where he was fatally shot two years ago by U.S. Border Patrol near the Mexico- U.S border, in Nogales, Mexico. A federal appeals court has ruled that a Border Patrol agent who fatally shot Rodriguez on the other side of the border doesn't have immunity and can be sued by the boy's family. The ruling on Tuesday, Aug. 7, 2018, came almost two years after the agent's attorney argued he was immune from a civil lawsuit because the U.S. constitution didn't extend to the 16 year old Rodriguez. (AP Photo/Valeria Fernandez, File)
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