Teen Wants to Return to U.S., Parents

Nov 05, 05:08 AM

Current Headlines: By Elizabeth Ahlin, Omaha World-Herald, Neb.

Nov. 5--When Lexington, Neb., teacher Kelsey Peterson makes her first court appearance today, Fernando Rodriguez, her alleged victim, will be in Mexico, unsure whether he will ever return to the United States.

The sixth-grade math teacher at Lexington Middle School had been on the run since Oct. 26, when she allegedly kidnapped Fernando, 13, and fled from Lexington, her hometown. The weeklong trip ended in Mexicali, Mexico, where Peterson and Fernando were detained by Baja California police.

The next day, Peterson was turned over to the FBI. She was being held at Imperial County Jail in El Centro, Calif. Fernando was released to an uncle who lives in Mexico.

Fernando wants to return to the United States to be with his parents, who live in Lexington, said a boy who identified himself as Fernando when a reporter contacted him Sunday on his cell phone. For now, Fernando said, he is staying with an uncle in Mexico.

Fernando's family has agreed to keep him in Mexico, said Tim Counts, spokesman for U.S. Immigration and Customs Enforcement. Counts would not say whether Fernando's parents would come under scrutiny for their immigration status, saying the department does not discuss prospective cases.

Peterson, 25, left Lexington with Fernando on Oct. 26, one day after the Lexington school district placed her on administrative leave and confiscated her computer. School officials had received a complaint alleging a sexual relationship between Peterson and a student.

She faces charges in Nebraska of kidnapping, child abuse and contributing to the delinquency of a minor. She also faces federal charges of transporting a minor across state lines or a foreign border for sexual activity.

On Sunday, Fernando denied having a sexual relationship with Peterson, saying he thought of her as "kinda like a friend."

"I don't know, I just like being around her," Fernando said. "She's just cool."

Fernando said he spent the night at Peterson's Lexington home in the past, but "only a couple times."

Officials have said they won't double-prosecute Peterson but have not yet indicated whether Peterson's case will be handled in state or federal court. Dawson County Attorney Elizabeth Waterman said she expects Peterson to be returned to Nebraska within a few days.

Peterson's trek across the country drew national attention, but Fernando said it wasn't exciting or scary. They watched DVD movies in the car and at hotels, he said, and they stopped to eat at fast food restaurants. Fernando said he did not remember where they stopped but said they stayed at three separate hotels.

Fernando said he has not been in touch with Peterson since Friday. He said he doesn't want to stay in Mexico, but he isn't angry with her for taking him there.

There are options that could allow Fernando to legally return to the United States, at least temporarily, said Lincoln attorney Milo Mumgaard.

Considering the crime that Peterson is accused of committing against Fernando, the teenager would be a candidate for a humanitarian visa or a witness visa, both of which would allow the him to return to Nebraska, Mumgaard said.

"Presumably," Mumgaard said, "you would think the Dawson County attorney and U.S. attorney would seek to be helpful to Fernando and they would undoubtedly commence proceedings so he could be present in the U.S. lawfully.".

Counts, the spokesman for U.S. Immigration and Customs Enforcement, said there are mechanisms that would allow an undocumented immigrant to return to the United States to help law enforcement with a case, but all them are temporary.

A strong legal argument could be made in Fernando's favor, Mumgaard said, because his family is in Nebraska, he allegedly was victimized in Nebraska, and he could not legally consent to being taken to Mexico.

"He's in a bit of a pickle, of course," Mumgaard said. "Anyone who is here in the U.S. without documentation is behind the 8-ball almost immediately, even a 13-year-old boy."

The Department of Homeland Security would have to approve any visa for Fernando.

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