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A portrait of 16-year-old Mexican youth Jose Antonio Elena Rodriguez, who was shot and killed in Nogales, Sonora, Mexico, is displayed Dec. 4, 2017, on the Nogales street where he was killed that runs parallel with the U.S. border. Closing arguments are expected in Tucson, Ariz., this week in the trial of U.S. Border Patrol agent Lonnie Swartz, charged in the 2012 fatal shooting 16-year-old Jose Antonio Elena Rodriguez across the Mexican border. (Anita Snow/AP Photo, file)

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PHOENIX — A federal appeals court ruled Tuesday the mother of a teen shot by a Border Patrol agent through the fence has a legal right to sue him — and, by extension, the federal government as his employer — in U.S. courts for wrongful death.