United States v. 2020-04-07 | 15-16410 | ARACELI RODRIGUEZ V. LONNIE SWARTZ | nonprecedential | memorandum disposition |

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

ARACELI RODRIGUEZ, individually and
as the surviving mother and personal
representative of J.A.,

Plaintiff-Appellee,

v.

LONNIE SWARTZ, Agent of U.S. Border
Patrol,

Defendant-Appellant.

No. 15-16410

D.C. No. 4:14-cv-02251-RCC

ORDER
*

On Remand from the United States Supreme Court

Before: KLEINFELD and M. SMITH, Circuit Judges, and KORMAN,
**
District
Judge.

On March 2, 2020, the U.S. Supreme Court granted Appellant’s petition for
certiorari, vacated our opinion filed August 7, 2018, and remanded for further
consideration in light of Hernandez v. Mesa, 589 U.S. ___ (2020). We hereby
VACATE the district court’s decision and REMAND for further proceedings

*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.

**
The Honorable Edward R. Korman, United States District Judge for
the Eastern District of New York, sitting by designation.
FILED

APR 7 2020

MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

2
consistent with Hernandez.
IT IS SO ORDERED.