The question of whether the family of a 15-year-old Mexican national killed near the border can sue the agent who shot him will return to the 5th Circuit.
Civil liability is the only avenue left for parents of a Mexican teenager shot to death by a U.S. Border Patrol agent.
The vehicle reportedly swerved to avoid a barrel while driving near Mesa, Arizona.
Mesa Police Chief John Meza says the case is "one of the most disturbing incidents" of child abuse he's ever seen.