Mother of Slain Mexican Teen Sues Border Patrol, Seeks Trial in Shooting Death of Her Son

"Araceli Rodriguez, the mother of slain Mexican teen Jose Antonio Elena Rodriguez, filed a federal lawsuit today in Arizona to pursue justice for her son, who was killed nearly two years ago by U.S. Border Patrol agents, identified only as John Does in the lawsuit. She is demanding a jury hear evidence about the unlawful actions of these unknown agents.

"The U.S. border patrol agents who killed my son in a senseless act of violence are still out there and they need to be brought to justice," said Araceli Rodriguez, who lives in Nogales, Mexico. "The U.S. government has not held the agents who shot my son accountable and that is why I am bringing this lawsuit."

On the night of Oct. 10, 2012, after playing basketball with friends in his neighborhood of Nogales, Mexico, 16-year-old Jose Antonio was walking home alone when he was shot approximately 10 times through the border fence by unknown Border Patrol agents. Virtually all of the bullets that struck Jose Antonio entered his body from behind. He died on the sidewalk, in a pool of blood, about four blocks from home.

For her son’s unjustified killing, Araceli Rodriguez is seeking damages, including punitive damages. In addition to Gelernt and Parra, she is represented by Roberto C. Montiel of the Roberto Montiel Law Offices in Nogales, Ariz.; Dan Pochoda and James Lyall of the ACLU of Arizona; Andre Segura, Dror Ladin, and Cecillia Wang of the ACLU Immigrants’ Rights Project; Mitra Ebadolahi of the ACLU of San Diego and Border Litigation Project; Arturo Gonzalez and Hector Suarez of Morrison and Foerster LLP.

Click here for a copy of the complaint filed by today in Rodriguez v. John Does." - ACLU, July 29, 2014.