Federal judge denies asylum claim for Abigail Hernandez

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A federal judge has denied the asylum claim for Abigail Hernandez, the woman who was arrested and later pleaded guilty for making a threat against East High.

We’re told Hernandez still has a chance to appeal the decision.

Abigail Hernandez, a DACA recipient, now faces being deported to Mexico after pleading guilty in the threat case where officers said she posted threats to shoot up the school on Facebook. She’s been in federal custody since pleading guilty in June.

Hernandez and her father both testified at a deportation hearing in Batavia last month. Her father said Hernandez has been in the United States since she was three years old, speaks no Spanish, and, despite being 21, cannot cook for herself or go anywhere alone.

Those intellectual disabilities were at the center of her case for asylum.

Hernandez has 30 days to file an appeal before the deportation becomes final, ICE officials say. She will be held in ICE custody pending the outcome of any appeal.

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