WASHINGTON (CBSDFW.COM/AP) — Can the family of a Mexican teenager shot and killed by a U.S. Border Patrol agent sue for damages? That’s the question the Supreme Court will soon try to answer.

The justices said Tuesday that they will hear arguments next term in a case involving an agent who fired shots across the U.S.-Mexico border that killed 15-year-old Sergio Adrian Hernandez Guereca.

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The shooting occurred in 2010 on the border between El Paso, Texas, and Ciudad Juárez.The U.S. Border Patrol agent, Jesus Mesa Jr., says he fired his gun because he was being attacked by people throwing rocks on the Mexican side of the border.

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U.S. officials chose not to prosecute Mesa for the killing and the Obama administration refused a request to extradite him so that he could face criminal charges in Mexico.

The Supreme Court heard arguments in the case in 2017. It previously sent the case back to a lower court for additional proceedings.

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