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Judge denies Abigail Hernandez's request to remain in the country

November 02, 2018 02:46 PM

A judge has denied Abigail Hernandez's request to remain in the U.S.

Back in August, the former Rochester student was sentenced to three years probation after admitting to making a terroristic threat against East High School. 

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Hernandez was in the country protected under the DACA program, but her status was revoked after committing the crime.

During testimony, Hernandez told the court she's been on anxiety medication since this all started earlier this year, adding she will have more anxiety if she's forced to go back to Mexico. The 21-year-old hasn't been there since she was three.

Hernandez had argued because of her intellectual disability, she will face persecution in Mexico, her native country. She also argued no family members in Mexico would be able to care for her.

The judge said the evidence did not establish this would be the case.

Hernandez will remain in the U.S. for now since her lawyer reserved the right to appeal the judge's ruling. 

What are the next steps? Earlier this year, News10NBC took an in-depth look at the process, how long it can take, what it costs, and where people are actually sent.

Watch News10NBC at 5 and 6 for the latest on the judge's decision.

WHECTV

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

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