Deported DACA "Dreamer" Juan Manuel Montes is suing the Trump administration
"Juan Manuel Montes Bojorquez was apprehended by the Calexico Station Border Patrol after illegally entering the USA by climbing over the fence in downtown Calexico", DHS spokeswoman Jenny Burke said in a statement.
"Juan Manuel Montes Bojorquez was apprehended by the Calexico Station Border Patrol after illegally entering the U.S.by climbing over the fence in downtown Calexico".
In the lawsuit under the Freedom of Information Act, lawyers claim that Montes had renewed his DACA status, a protection to undocumented immigrants who were brought to the U.S. as children initiated under the Obama administration, in 2016, which would keep him protected until 2018. DHS said Montes was deported to Mexico on February 20.
It is believed to be the first known case under President Donald Trump to deal with the Obama-era protections that cover more than 750,000 undocumented immigrants in the U.S.
Juan Manuel Montes, 23, was stopped on February 17 while visiting his girlfriend in the border town of Calexico.
A group of attorneys filed a lawsuit on Montes' behalf Tuesday after Customs and Border Protection failed to respond to a Freedom of Information Act (FOIA) request filed by Montes last month, seeking records regarding his case.
A 23-year-old "Dreamer" who was deported despite his legal protections sued the Customs and Immigration services Tuesday for information about why they did it.
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After being assaulted in a robbery attempt in Mexico, Montes feared for his life, re-entered the United States, turned himself in to border agents, and was arrested and sent back to Mexico, according to the lawsuit.
The department said that Montes admitted to entering the US illegally and never mentioned he had DACA status.
For Montes, he said he felt he was "forced out" during his interaction with agents "because [he] was nervous and didn't know what to do or say". He has four minor convictions, none of which are serious enough to disqualify him from DACA protections, according to USA Today. They say there were actually two deportations - one done without explanation, documents or access to attorneys.
He said the government later found that his DACA status was current until 2018, but that they are withholding documents which prove his case.
Curiel also presided over the settlement of two lawsuits from former students of the Trump U. wealth seminar courses against the then-President-elect in November. White House spokesman Sean Spicer said Wednesday that he didn't want to "rush to judgment" about Montes and referred questions to Homeland Security. But DHS says the first record they have of Montes is in 2010, when he entered the U.S. and agreed to a deal that allowed him to avoid expedited removal. And our promise to you is that we will always strive to provide indispensable journalism to our community.