NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS APR 7 2020 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT ARACELI RODRIGUEZ, individually and No. 15-16410 as the surviving mother and personal representative of J.A., D.C. No. 4:14-cv-02251-RCC Plaintiff-Appellee, ORDER* v. LONNIE SWARTZ, Agent of U.S. Border Patrol, Defendant-Appellant.

On Remand from the United States Supreme Court Before: KLEINFELD and M. SMITH, Circuit Judges, and KORMAN, ** District Judge.

On March 2, 2020, the U.S. Supreme Court granted Appellant’s petition for certiorari, vacated our opinion filed August 7, 2018, and remanded for further consideration in light of Hernandez v. Mesa, 589 U.S. ___ (2020). We hereby VACATE the district court’s decision and REMAND for further proceedings

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The Honorable Edward R. Korman, United States District Judge for the Eastern District of New York, sitting by designation. consistent with Hernandez.

IT IS SO ORDERED.