The Supreme Court agreed on Tuesday to hear oral arguments in a case brought by a Mexican family against a border patrol agent over the death of their 15-year-old-son, who was killed in a cross-border shooting.

In 2010 Jesus Mesa, a US Border Patrol Agent, was on the US side of the Mexican-US boarder when he shot a killed Sergio Hernandez, who was on the Mexican side of the border.

The case raises the question of whether a plaintiff who plausibly alleges that a federal law enforcement officer violated Fourth and Fifth amendment rights while serving within the official scope of employment can sue for damages under Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics. In Bivens, the Supreme Court ruled that lawsuits seeking damages from federal officials for violating the Constitution could move forward.

This is the second time the court has entertained this case. In 2017 the Supreme Court sent the case back to the US Court of Appeals for the Fifth Circuit requesting the court reconsider in light of an earlier decision that disallowed the claims by the teenager’s family.

The court of appeals has twice ruled that the border-patrol agent could not be held liable for shooting the teen.

The Supreme Court will hear the case during its next term, which begins in October.