The shooting death of 15-year-old Sergio Adrian Hernández Guereca on the Mexican side of the Rio Grande June 7, 2010, and the subsequent wrongful death suit brought by his family against the U.S. Border Patrol, drew press attention on both sides of the border.  

Last week, Senior U.S. District Judge David Briones, in West Texas, dismissed the $25 million wrongful death lawsuit and, according to a El Paso Times report on Thursday, the reason for the dismissal was that the teen was shot on on the Mexican side of the Rio Grande.

Family attorney Bob Hilliard has told The Associated Press that he'll appeal.

A lawyer for Border Patrol Agent, Jesus Mesa Jr. didn't immediately return a message for comment. 

U.S. investigators have said the agent was trying to arrest undocumented immigrants when he was targeted by rock throwers.

The Associated Press contributed to this report.

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