LYNN, MASS. (WHDH) - Police say Zeneyda Barrera was at home when she had a fight with her 12-year-old brother over a cell phone when a neighbor called Lynn police.
“I don’t think this case is any different from things that happen in people’s homes every day of the week,” said Patrick Callahan, Hernandez’s attorney.
Hernandez was charged with misdemeanor assault.
“At this point, they view that as a must arrest, especially in a domestic situation where you’re dealing with family members,” said Callahan.
Callahan says prosecutors signaled they were open to allowing the teen to enter a diversion program, which often ends with the charges being dropped.
However, Federal Immigration Agents (ICE) were waiting at the courthouse when she was released from custody.
“Her mother was devastated, absolutely devastated when I told her in the courthouse that ICE had taken custody of her daughter. She’s like, ‘I have the papers here,’” said Callahan.
Callahan says Barrera and her family came to the U.S. from Nicaragua.
The 18-year-old had a work permit and was attending classes.
She and her family are living in Lynn as their asylum request is pending.
Lynn’s Mayor Office issued a statement addressing the case, saying, “The young woman who has been detained has been separated from her family and is at risk of being deported into an impossible situation. Her mother is desperately trying to understand what is happening. We have referred her to legal resources and alerted our federal representatives, who are looking into the case.”
Callahan worries about the broader impacts this case may have on the region.
“It certainly could have a very chilling effect,” said Callahan. “People might be inclined not to call the police, even if they are in true danger.”
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