A federal judge had initially dismissed the Hernández family's case. However, that decision was overturned by a panel of judges in the Fifth Circuit, allowing that a Mexican national, standing in Mexico, possesses Fourth Amendment constitutional rights that allow him to sue a United States Border Patrol Agent for excessive use of force across the U.S. border.[25][26] The Fifth Circuit granted rehearing en banc of the panel's decision. Oral arguments were held on January 21, 2015, and the court decided to vacate the panel's decision.[27]