Irish nanny Aisling Brady McCarthy is trying to return to Ireland.

The 37-year-old from Co Cavan is currently in the custody of US immigration agents in Boston after being formally released from state custody.

Yesterday prosecutors dropped a murder charge against her in relation to the death of a one year old girl who had been in her care.

However, US Immigration and Customs Enforcement are detaining her for outstaying a holiday visa in 2002.

Spokesman Shawn Neudauer says Ms Brady McCarthy's removal from the US is imminent:

The charges against Ms Brady McCarthy were dropped yesterday after the medical examiner in the case changed it is ruling to an undetermined cause of death, rather than homicide.

One-year-old Rehma Sabir was found unresponsive at her Massachusetts home in January 2013, while in the care of Ms Brady McCarthy from Co Cavan.

The medical examiner said a significant amount of new information has come to light that was not available for the original conclusion - some relating to the overall state of Rehma's health and her past medical issues.

The examiner ruled: "While I do not agree with all of the conclusions that are drawn by the various experts they do present a significant amount of additional information that was not available to me prior to reaching my original conclusion about the cause and manner of death in this case".

The child's manner of death has now been classified as "undetermined".

District Attorney Marian Ryan said: "based on an assessment of the present state of the evidence, including the amended ruling from the Medical Examiner who performed the autopsy, the Commonwealth cannot meet its burden of proof".

2½ years in jail

Earlier today defence for Ms Brady McCarthy said she had been jailed for 2½ years for a crime that never occurred, and they were hopeful that she can return home to Ireland soon.

She was working as a nanny for Rehma when medics were called to the baby, who was breathing, but unresponsive.

She was arrested five days after the baby died at Boston Children's Hospital.

At the time, the medical examiner who carried out the post mortem listed the cause of death as complications of blunt force head injuries, and the manner of death was homicide.

Val Smith is a Fine Gael councillor for Bailieborough-Cootehill in Co Cavan, who knows the family of Ms Brady McCarthy.

He told the Pat Kenny Show here on Newstalk the past two years have taken its toll on them.

Simon Carswell is the Irish Times Washington correspondent, and spoke to Newstalk Breakfast about how the change came about.

Locals in Lavey in Co Cavan say they are delighted that the murder charges have been dropped against Ms Brady-McCarthy.

Local people told Northern Sound that there is strong support for both Aisling and her family in the parish: