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Experts Say Extradition Unlikely If Border Patrol Agent Charged

Publication Date: 
June 22, 2010
El Paso Times
Adriana M. Chávez

Professor Allen Weiner is quoted on legal issues surrounding the fatal shooting of a 15-year-old Juárez boy by a U.S. Border Patrol agent. Adriana M. Chávez of the El Paso Times reports:

The fatal shooting of a 15-year-old Juárez boy by a U.S. Border Patrol agent has raised diplomatic and legal questions as investigations unfold on both sides of the border.

On June 7, the agent shot Sergio Adrían Hernández Güereca near the Paso del Norte Bridge. U.S. authorities said the agent was defending himself against rock throwers after he apprehended a young man who had crossed illegally into the United States. Border Patrol administrators have declined to release the agent's name, despite formal requests.


"Under the extradition treaty, the basic rule is that countries aren't obligated to extradite their own nationals," said Allen Weiner, co-director of Stanford University's Program in International and Comparative Law.

"It's pretty inconceivable to me that the U.S. would surrender one of its officials, especially if the agent was in good-faith execution of his duties," Weiner said. "It's conceivable that he would be in fact charged in Mexico, but it would only affect whether he'd want to vacation in Cancun next year."