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Abigail Hernandez faces immigration hearing, fighting to stay in America

October 19, 2018 08:17 AM

The former East High School student who made a threat against the school last winter was back in court Thursday. 

This time Abigail Hernandez was fighting for her ability to remain in America.

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Hernandez took the witness stand and answered several questions, telling the court she has been on anxiety medication since getting in trouble for posting on social media that she would 'shoot up' the high school. 

Back in August, Hernandez was sentenced to three years probation for making the terroristic threat. After her sentencing, she was taken back into federal custody. 

She was in the country protected under the DACA program, but her status was revoked after committing a crime.

Her attorney argued that Hernandez doesn't have any family that could look after her in Mexico. Her grandmother is 85 years old and is in and out of the hospital because of diabetes. 

"I think it's really important to address persons with intellectual disabilities," said Hannah Vickner Hough, Abigail's attorney."The immigration system is set up now so that children have to defend themselves in immigration...so comprehension and cognition...you’d asked if she understands what’s happening. ...that's really important."

Hernandez testified that she doesn't know her relatives in Mexico, doesn't know her grandmother's name and doesn't even speak Spanish. 

She's been in the U.S. since she was three years old. 

Hernandez will be back in court on Nov. 2 for what could be the final hearing. 

Credits

Lynette Adams

Copyright 2018 - WHEC-TV, LLC A Hubbard Broadcasting Company

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