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A preliminary hearing to determine whether a Border Patrol agent should be charged with murder for fatally shooting a Mexican man just north of the border is set for Monday in Bisbee.

Nicholas Corbett, 39, was charged April 23 with four counts of homicide in connection with the Jan. 12 shooting death of Francisco Javier Domínguez Rivera, 22, of Puebla, Mexico, about 150 yards north of the border, between Bisbee and Douglas.

The shooting occurred as Corbett was trying to detain Domínguez Rivera and his brothers and sister-in-law who had entered the country illegally.

This will be the second time the hearing has been scheduled.

On June 15, Bisbee Justice of the Peace David Morales granted a continuance after Sean Chapman, a Tucson attorney representing Corbett, said he had not received transcripts of the final two interviews of the two brothers and a sister-in-law.

Chapman said Thursday he's not preparing to request another continuance and expects the hearing to take place. The hearing is scheduled for 9 a.m.

Corbett, a native of Pennsylvania, returned to full duty three days after the shooting before being relegated to administrative work on April 24 after the charges were filed. He joined the Border Patrol in June 2003 at age 36, just one year under the age limit for the agency.

The case is being closely watched by the Border Patrol agent's union and by the Mexican Consulate and immigrants' rights organizations.