SAN ANTONIO, Texas – The hearing on Nov. 7 has been cancelled for the 10-year-old girl with cerebral palsy detained by the Texas Border Patrol.

The judge has also rejected the request to release Rosa Maria Hernandez from detention. Rosa Maria is facing deportation after she crossed a South Texas Border Patrol checkpoint for emergency gallbladder surgery.

The American Civil Liberties Union has filed a lawsuit against the U.S. government claiming that they are violating federal law and putting Rosa Maria’s health at risk. Border Patrol agents took the 10-year-old form a Corpus Christi hospital immediately following her surgery.

She is currently being held in San Antonio at a facility for unaccompanied minors who  have entered the country illegally. Rosa Maria entered the U.S. almost a decade ago without permission.

“They are treating her like a hardened convict,” said U.S. Rep. Joaquin Castro, a San Antonio Democrat.

The judge is also asking why the girl’s mother was not detained if they have the same legal status.

A new hearing date has not been set.