Juana Reyes-Hernandez, identified by U.S. Immigration and Customs Enforcement as a deportable alien while she was in the Sacramento County jail on a misdemeanor trespass charge, has had her case closed by an immigration judge.
The misdemeanor charge was dismissed and Reyes-Hernandez no longer faces deportation.
Reyes-Hernandez had been put in jail for selling her homemade tamales for $1 apiece at the Florin Road Walmart despite warnings that she was trespassing.
Her attorney, Julia Vera, argued that Reyes-Hernandez, a single mother of two who has been in the United States for more than 15 years and has no criminal record, represented no threat and therefore should not be an enforcement priority.
Reyes-Hernandez's case drew national attention after The Bee reported she had spent nearly two weeks in the county jail waiting for her trespass charge to be dismissed and for her 48-hour ICE hold to begin.
Her two small children were placed in foster care while she was in jail for 13 days on the misdemeanor count.
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