TUCSON, AZ (Tucson News Now) - UPDATE: U.S. District Court Chief Judge Raner Collins said he'd take the motion for dismissal into advisement. No decision has been made.
There were protests right before the court hearing Tuesday in support of the Jose Rodriguez's family.
Lonnie Swartz is the border patrol accused of shooting Jose Rodriguez in 2012.
His attorney, Sean Chapman, argued the case should be dismissed.
He cited Hernandez, vs. Mesa, a similar case in Texas involving a border patrol agent that was dismissed.
But Lee Gelernt, deputy director of the ACLU's Immigrants' Rights Project, argued Swartz violated the 4th and 5th amendment.
Rodriguez's grandmother, Taide Elena, was in court Tuesday.
She was very emotional during the hearing and says the border patrol agent should have to pay for what he did.
"We are going to continue to struggle to the last because Jose Antonio was a young man with goals with dreams and he wasn't a criminal he wasn't an animal to be killed like he did," said Taide Elena.
Swartz was not in the courtroom Tuesday; his lawyer says he may me criminally investigated by the Department Of Justice in this incident.