BP agent in U.S. shoots boy in Mex. Do U.S. Courts have jurisdiction?

Border Patrol Agent is on U.S. side of border.  Shoots across border and kills boy in  Mexico.  A 3-judge panel held that the District Court did have jurisdiction to hear a lawsuit by the boy's parents.
The full 5th Circuit (en banc) is now considering that ruling.  A amicus brief from the Mexican government argues that the suit should be allowed.  The officer is arguing self-defense and  Federal officials refused to extradite the agent to Mexico to face criminal charges.