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QUINTERO PEREZ v. UNITED STATES

No. 17-56610.

8 F.4th 1095 (2021)

Maria del Socorro QUINTERO PEREZ; Brianda Aracely Yanez Quintero; Camelia Itzayana Yanez Quintero; J.Y., a minor, Plaintiffs-Appellants, v. UNITED STATES of America; U.S. Department of Homeland Security; United States Customs and Border Protection; United States Office of Border Patrol; Janet A. Napolitano; Thomas S. Winkowski; David Aguilar; Alan Bersin; Kevin K. McAleenan; Michael Fisher; Paul Beeson; Rodney S. Scott; Chad Michael Nelson; Dorian Diaz; Does, 1-50, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Submission Withdrawn May 28, 2019.

Resubmitted August 9, 2021 Seattle, Washington.

Filed August 16, 2021.

Attorney(s) appearing for the Case

Steve D. Shadowen (argued) and Matthew Charles Weiner , Hilliard & Shadowen LLP, Austin, Texas; Gerald Singleton and Brody A. McBride , Singleton Law Firm, Solana Beach, California; for Plaintiffs-Appellants.

Mark B. Stern (argued), Nitin Shah , and Casen B. Ross , Appellate Staff; Robert S. Brewer Jr. , United States Attorney; Civil Division, United States Department of Justice, Washington, D.C.; for Defendants-Appellees.

Concurrence by Judge Friedland.

OPINION

This case illustrates the law's inability to remedy certain wrongs. Jose Alfredo Yañez Reyes ("Yañez") was shot and killed by a U.S. Border Patrol agent while on the U.S.-Mexico border fence. Although these events unfolded at the border, the parties...

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