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Student accused of making terroristic threat may face deportation

August 21, 2018 07:56 PM

A student who posted threats on the East High School social media page last winter may learn Wednesday if she can stay in the U.S.

Abigail Hernandez, an undocumented immigrant, goes before a federal magistrate in Batavia on Wednesday. 

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Anthony Guidice specializes in immigration law. News10NBC asked him to weigh in on the federal case against Hernandez and her chances of staying in this country.

"'Snowball's chance in hell' is the phrase that comes to mind," said Guidice. "Sorry, I don't mean to be blunt, but do you want the truth or a fairy story." 

Hernandez was sentenced to probation in county court, however, Guidice says committing a crime almost guarantees she won't be allowed to remain in the U.S.

"If she's charged with the crime involving moral turpitude, she may not have a defense," he said. "She doesn't have any basis for being here. She's an illegal alien."

Hernandez has been in the U.S. under the DACA  program. 

She was a dreamer protected by her parent's citizenship. But once a crime is committed, children lose their parent's protection. Now, Hernandez faces deportation back to Mexico.

Her father has said repeatedly that Hernandez didn't know what she was doing and is not a threat. 

In court Tuesday morning, her attorney talked about the dozens of support letters she's received from across the world.

"We as a community should take it upon ourselves to go to bat for Abigail...to show that she is not a person who should be deported or face these dire immigration consequences," said defense attorney Michael Geraci.

But Guidice said, "The only thing that can help her is on the federal level if the attorney general is moved enough by all those letters. He might be able to do something. Otherwise, it's meaningless."

Hernandez is scheduled to appear at the Buffalo Detention Center in Batavia at 10:30 a.m. 

Credits

Lynette Adams

Copyright 2019 - WHEC-TV, LLC A Hubbard Broadcasting Company

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