A federal immigration judge in Batavia on Friday denied asylum for Abigail Hernandez. She is the former Rochester City School District student who was sentenced to probation in August after pleading guilty to a misdemeanor charge of falsely reporting an incident.
She had originally been charged with posting a threatening message on the Facebook page for East High School.
According to the Democrat & Chronicle, during a deportation hearing in Batavia, a judge found that she didn’t meet the criteria needed for asylum and ordered her to return to Mexico.
Her lawyer plans to appeal the ruling and she will remain in the U.S. during that appeal.
Hernandez had been protected under DACA until she was charged. Her family has maintained that she would have been unable to carry out the threat she was accused of making because of her intellectual disability.
