OMAHA, Neb. (KMTV) -- — A toddler who can't read was apparently told by the government she could be deported. Now, the case has been dismissed.
In May, the 2-year-old girl was separated from her father when he was arrested for re-entry of a removed alien in Arizona. She was taken to New York State by U.S. Health and Human Services before being transferred to Omaha to live with her uncle.
KMTV isn't releasing her name because of her age and for safety.
The judge terminated the deportation proceedings because they say HHS failed to file evidence to support the charge. Confusion took place at a January hearing when one document said the girl had an appointed guardian who signed that she was given a Notice to Appear document and another NTA didn't identify a guardian.
"I think the judge made a perfect decision, she understood what was happening here, she saw the facts even the lack thereof provided by the government," said her attorney, Tom Campbell.
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Her uncle, who has taken care of her since last summer, says she's growing up fast and won't have to worry about something she can't understand.
He’s filing for guardianship, and says he'll love her and raise her until she can be on her own.
"I feel really happy because here in the United States she has the opportunity to go to school and have a better future,” her uncle explained
The girl's father was sentenced in October to time served and three years probation. He was deported back to his home country of Guatemala.