Jesus Mesa, Jr., Respondent
Randolph J. Ortega, Counsel of Record
The border between Juarez, Mexico, and El Paso, Texas, runs down the middle of a long concrete culvert. At the top of the culvert on U.S soil is an 18-foot fence. On June 7, 2010, Jesus Mesa, Jr., an agent with U.S. Customs and Border Patrol, was assigned to ride a bicycle along this culvert to monitor the area for possible drug and alien smugglers. He encountered Sergio Hernández, a Mexican 15-year-old, and a group of other teens, who he suspected of illegal activity. Mesa detained one of the boys and says that he was confronted by the others, who…