Mr. Chief justice, may it please the court. When this case was first argued to this court two years ago, counsel for respondent and counsel for the United States were asked if they were standing on u. S. Soil when he was shot and killed. Both said yes. The question before this court today is therefore whether the sacks nevertheless foreclosed because in this case, sergio was standing a few feet to the mexican side of the border at the time he was shot. For two reasons we believe that it isnt. First, where the victim is standing does not in fact trigger any of the special factors counsel, identified by the respondent or the United States. Most importantly it is difficult to see how Foreign Relations could be a special factor concluding if it wouldnt have been the claim if he had been standing a few feet away. It is belied by the long history of successful tort claims against federal Law Enforcement officers including cases in which the victim was a foreig r er harmed on foreign soil. No