JESUS HERNANDEZ MARIA GUADALUPE GUERECA BENTACOUR v. UNITED STATES OF AMERICA UNITED STATES DEPARTMENT OF HOMELAND SECURITY UNITED STATES BUREAU OF CUSTOMS AND BORDER PROTECTION UNITED STATES BORDER PATROL UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT AGENCY UNITED STATES DEPARTMENT OF JUSTICE (2017)

United States Court of Appeals, Fifth Circuit.

JESUS C. HERNANDEZ, Individually and as the surviving father of Sergio Adrian Hernandez Guereca, and as Successor−in−Interest to the Estate of Sergio Adrian Hernandez Guereca; MARIA GUADALUPE GUERECA BENTACOUR, Individually and as the surviving mother of Sergio Adrian Hernandez Guereca, and as Successor−in−Interest to the Estate of Sergio Adrian Hernandez Guereca, Plaintiffs − Appellants v. UNITED STATES OF AMERICA; UNITED STATES DEPARTMENT OF HOMELAND SECURITY; UNITED STATES BUREAU OF CUSTOMS AND BORDER PROTECTION; UNITED STATES BORDER PATROL; UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT AGENCY; UNITED STATES DEPARTMENT OF JUSTICE, Defendants − Appellees
JESUS C. HERNANDEZ, Individually and as the surviving father of Sergio Adrian Hernandez Guereca, and as Successor−in−Interest to the Estate of Sergio Adrian Hernandez Guereca; MARIA GUADALUPE GUERECA BENTACOUR, Individually and as the surviving mother of Sergio Adrian Hernandez Guereca, and as Successor−in−Interest to the Estate of Sergio Adrian Hernandez, Plaintiffs − Appellants v. JESUS MESA, JR., Defendant − Appellee
JESUS C. HERNANDEZ, Individually and as the surviving father of Sergio Adrian Hernandez Guereca, and as Successor−in−Interest to the Estate of Sergio Adrian Hernandez Guereca; MARIA GUADALUPE GUERE BENTACOUR, Individually and as the surviving mother of Sergio Adrian Hernandez Guereca, and as Successor−in−Interest to the Estate of Sergio Adrian Hernandez, Plaintiffs − Appellants v. RAMIRO CORDERO; VICTOR M. MANJARREZ, JR., Defendants − Appellees

No. 11-50792

Decided: July 26, 2017

Before STEWART, Chief Judge, JOLLY, JONES, SMITH, DENNIS, CLEMENT, PRADO, OWEN, ELROD, SOUTHWICK, HAYNES, GRAVES, HIGGINSON and COSTA, Circuit Judges.

BY THE COURT:

IT IS ORDERED that this cause shall be reheard by the court en banc with oral argument on September 20, 2017. Briefing instructions will follow in a separate court directive.

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