Since the afternoon of June 7, 2010, the Juarense mother Guadalupe Güereca says she is dead in life.

That Monday, bullets fired from US soil by Jesús Mesa Jr. - a Border Patrol agent -  ended the life of the teenager Sergio Adrián Hernandez, 15, who was in Mexican territory at the time of his death, and whose case has originated a long litigation that is today in the hands of the Supreme Court of the United States.

The debate on the case now focuses on establishing whether the US Constitution allows Güereca to file a lawsuit against the US courts against Mesa Jr. over the death of Sergio Adrian.

The beginning of this litigation in the country's highest judicial body comes in the midst of a time of growing tension and controversy over how this country controls the daily movement along the border with Mexico, where essential international trade Carried out along with drug trafficking and human smuggling.

Courts have struggled to address the implications of national security and foreign policy in the case, and precedents of the Supreme Court, according to information recently released by The Washington Post.

Sergio Adrian Hernandez was the youngest of Guadalupe Güereca's children.

Talking with Güereca about the death of Sergio Adrián and the changes that this brought to the life of the whole family is heartbreaking.

At times during the talk the mother of the family manages to articulate complete phrases and ideas, but then the sadness and tears seem to drown her.

Her face shows no expression, it seems as if she was living in "automatic mode."

There, in her very humble home, she seats in one of the beds and seems to find the strength from somewhere to prepare to recapture that tragic moment of summer 2010.

Her two small grandchildren, Angel of eight years of age and America Naomi of four - who restlessly went from one side of the room to the other - seem to realize that their grandmother needs support, and without saying a word, both approach the woman and embrace her.
Güereca looks at them with tenderness and says she’s ready to start the interview.

"My life changed forever"

She then showed a face of despair; a facial expression very different from the initial one, while her greenish eyes began to cloud.

"Since that day my life has changed forever, it has been a life full of sadness, of pain. I was a person who was always happy, joyfull, and now I'm not interested in talking to anyone", said Güereca.

Before the death of Sergio Adrián, Güereca's family used to go out at dusk and live with the other families of the colony while Sergio and the locals played football in the corner of the street where they lived.

They were happy times, although they could lack some material things, the family was complete, comments the woman.

Now the mother of the family says that every time she hears some noise outside, she hurries to the window looking to see the face of her son among all those young people.

"That corner brings me a lot of memories. I go outside because I think my son is there. But I do not want to know anything", she said as she tried to hide her tears.
"I’ve asked several times to my God to please take me”, said the woman, completely sincere before bursting in tears.

Her little grandchildren, who were attentive to the story, immediately took some disposable handkerchiefs for the grandmother to dry their tears, and hug her one more time.

Almost seven years after the event, Güereca says that there is a question that surrounds her mind all the time since the day that Sergio Adrián was killed.

"Why didn’t he (Mesa Jr.) have some compassion for my son? He even raised his hands, why didn’t he spare his life?" Said Güereca, her voice choked with tears.
"If he asked him not to kill him. This is something so painful I don’t even wish it upon him (Mesa Jr.)”

A revealing Video

According to media reports of the time, Sergio Adrián and two other children were playing in the margins of the Rio Bravo (Grande) at the height of a sector of the border known as Black Bridge, while Mesa Jr. fulfilled his functions of guarding The American border on a bicycle.

In that season of the year the river that divides the border between both countries is practically dry, which is why to accede from any side of the border poses no problem at all.

In a video of the case unveiled by the Univision TV Network, Mesa Jr. can be seen as he detaines a person very close to the border while it seems to be attacked with stones by someone else. The face of the attacker is not clear.

At a moment, while struggling with the detainee, Mesa Jr. pulled his pistol and made several shots targeting Sergio Adrián who fell mortally wounded from one of the pillars of the bridge. 

In the video you can hear the pedestrians that were crossing the Puente Internacional del Paso Norte, blaming and insulting the border agent who had shot the child who was already in Mexican territory. 

Journalists said Sergio Adrián had a history of being a "pollero" (smuggler) since he was eight years old . However, these versions have not been confirmed, nor has there been any record of arrest by the US authorities or the Ciudad Juarez Municipal Police. 

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"It is not true that they were throwing stones"

"He was doing nothing. He was not in the United States, he was in his country, Mexico. He killed him because he was seeing how they mistreated a detained person, how they were dragging him by his hair. It is not true that he threw stones at them. That's not what I say, it’s what people who saw what happened said."

Although several news media have made it clear that it was a gunshot to the head what took the young man's life, Güereca states categorically that there were three gunshots.

"When I was changing him for his funeral he had three bullets holes. One in the hand, one in the back and one in the head," said Güereca.

"Imagine a shot in the back." 

Sergio Adrián was the youngest of Güereca’s seven children. A 60 years old woman who emigrated to Ciudad Juárez at the age of 10 from Durango, her home state. Durango is located 650 miles south of the border between Mexico and the United States. 

The mother described Sergio Adrián as a restless but healthy teenager, a good student and a passionate soccer player. "He always liked to kick the ball. He was among those who scored. Following the example of his sisters to play the sport, he  wanted to play in the Chivas del Guadalajara", said Güereca who smiles for the first time during the interview and shows a picture of Sergio Adrián with the team’s shield.

"This is my treasure, it was a picture that my son loved very much." 

Güereca lives in a precarious two-room home in Colonia Plutarco Elías Calles northwest of Ciudad Juárez, a low-class sector hitted by crime that has even been the scene of multiple executions by adjustment of accounts between rival bands dedicated to the traffic of drugs in the zone. 

The last hope: The Supreme Court 

From that point on, Güereca claims to have faith in the judicial system of the United States, but also acknowledges that the current anti-immigrant climate in the country could tip the balance for an unfavorable resolution for the cause that seeks justice for the Mexican minor. 

After a court dismissed the case arguing that the death of Sergio Adrián Hernández occurred in Mexico and therefore outside the jurisdiction of the US courts, the Supreme Court of the United States weighs the possibility to accept a civil rights claim against Mesa Jr. 

The group of lawyers from the Hilliard Muñoz Gonzales LLP law firm - based in the city of Corpus Christi, Texas - who represent the family of the Mexican minor, introduced last Tuesday the initial arguments of the case before eight justices of the Supreme Court, through counsel Robert Hilliard. 

The conformation of the country's highest court of justice includes four judges categorized as conservative and four usually liberal. After Hilliard's initial arguments were presented, and dialogues and questioning about the case took place, you can briefly predict that there are divided opinions regarding the case of the Mexican. 

It should be noted that the plenary of the Supreme Court of the United States has not yet held any vote on the case of Sergio Adrián Hernández.

A ninth magistrate could join the discussion of the case if the US Senate approves the appointment of Neil Gorsuch, who was proposed by President Donald Trump to occupy the place of the late Judge Antonin Scalia. 

Hypothetically, in the event of a vote, Gorsuch's suffrage would break the tie and would be definitive in the case of the Juarense minor's death. This could set a legal precedent within binational relations between the United States and Mexico. 

Attorney José Luís Muñoz, who is part of the legal team representing the Hernández family, said the case of Sergio Adrián is very important given the current political climate in the United States. 

"It is a challenge to place Mexican immigrants – or any other foreigner - under the protection of the Constitution of the United States" Muñoz said.

"In the case of Hernandez, it is an additional case of humanity",  he said. 

Meanwhile, Güereca makes a cry for US magistrates. 

“To the judges that will take the case, I beg you, I beg you to help me with my son’s case. This gentleman (Mesa Jr.) hounded my son and is a very bad person", said Güereca. 

As background to the case, in last December, the ex-director of internal investigations of the Customs and Border Protection Office (CBP) James Tomsheck, stated in a document presented to the United States Supreme Court that Border Patrol agent Jesús Mesa Jr. should be held accountable for the death of Sergio Adrián Hernández.

Tomsheck said in his report that inadequate training and poor background checks have resulted in an environment in which Border Patrol agents use unnecessary lethal force, According to information released by the Associated Press news agency.

Ramiro Cordero, a spokesman for the Border Patrol in El Paso, declined to comment on the case as it is still in litigation. 

"The training we have is one of the best in the world and we have new tools that help us do a better job," he said. 

The Border Patrol El Paso sector includes approximately 2,200 officers to monitor some 286 linear miles of the US-Mexico border, covering the states of New Mexico and part of Texas, according to information provided by Cordero.