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Judge throws out lawsuit in Mexican boy's death

A judge in West Texas has dismissed a $25 million wrongful death lawsuit brought by the family of a 15-year-old Mexican boy killed by a Border Patrol agent.

Senior U.S. District Judge David Briones on Aug. 11 threw out the lawsuit against the U.S. government over the June 7, 2010, shooting of Sergio Adrian Hernandez Guereca on the Mexican side of the Rio Grande.

The El Paso Times ( reports Thursday that Briones dismissed the case because the boy was not shot on U.S. soil.

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

A lawyer for Agent Jesus Mesa Jr. didn't immediately return a message for comment. U.S. investigators have said the agent was trying to arrest illegal immigrants when he was targeted by rock throwers.

Information from: El Paso Times,