A New Jersey mom was attacked and knocked unconscious last week by a 13-year-old who a day earlier was among students who told her son to “go back to Mexico,” her attorney said Tuesday.

Beronica Ruiz, 35, was attacked last Wednesday in Passaic – about 10 miles north of Newark – while pushing her 1-year-old baby in a stroller, and walking beside her 12-year-old son, her attorney, Daniel Santiago, said. Ruiz was hospitalized for two days with a fractured eye socket, bruises, and a bloodied eye.

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The alleged attacker, a 13-year-old boy, was among a group of students who taunted Ruiz’s son in the school cafeteria the day prior saying: “Mexicans should go back behind the wall,” Santiago said. Ruiz’s son countered: “We all come from immigrants,” and the three students threatened him with violence, Santiago added.

The boy reported the threat to school officials who kept him in the office for his protection, nj.com reported. The school reportedly did not contact the boy’s parents. He went home and told his parents what had happened, the report said.

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Ruiz went to school officials the next day to ask why she was not contacted, Santiago said. The vice principal apologized for not contacting her and said the situation was under control, WPIX reported.

Passaic Mayor Hector Hector C. Lora told WPIX that the alleged attacker has been arrested and charged as a juvenile with aggravated assault and simple assault. He was released to his parents ahead of a Family court appearance, nj.com reported.

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Santiago said he plans to open a lawsuit against the school on behalf of Ruiz’s family. An investigation is ongoing.