DACA-enrolled immigrant sues for details on his deportation


Curiel, who was born in the United States, was targeted for criticism past year by then-GOP candidate Trump when the judge heard a civil case in the Trump University scandal.

Montes, who has lived in the United States since he was 9 years old, had received protected status under former President Barack Obama's Deferred Action for Childhood Arrivals (DACA) program, said Nora A. Preciado, a staff attorney at the Los Angeles-based National Immigration Law Center.

Trump frequently assailed the judge, and in one interview said that his Mexican heritage presented an "absolute conflict" in his fitness to hear the lawsuit because of Trump's tough stance on immigration and his promises to build a US-Mexico border wall. That case was eventually settled. Montes was deported to his native Mexico on February 17 after being detained by Customs and Border Protection agents in a border town near San Diego. The agency took back its initial statement to media denying that Montes's DACA status had been renewed before he encountered Border Patrol and was forcibly removed in February 2017.

"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", a DHS spokeswoman said in a statement. However, even if Montes had informed agents of his DACA status, "he had violated the conditions of his status by breaking continuous residency in the United States by leaving and then reentering the US illegally", the DHS said.

Juan Manuel Montes, 23, is suing the Trump administration, claiming the government did not provide legal justification for deporting him to Mexico.

According to his attorneys, Montes came to the USA when he was 9.

Montes had left his wallet in a friend's vehicle so couldn't show identification or proof of his DACA status and was told by agents he couldn't go and get them, the paper reported.

Curiel, an Obama appointee who was a former US attorney, did not recuse himself in the Trump University case he oversaw and made no public comments about Trump's attacks. Trump has kept it in place and made sympathetic remarks about its beneficiaries, angering some immigration hardliners. However, Curiel was born in the United States, and is of Mexican descent.

"I think it has to do with, perhaps, the fact that I'm very, very strong on the border - very, very strong on the border", Trump said at the time. Above a photo of a mug, he wrote, "First non-valedictorian DREAMer deported".

Montes' attorneys said he did not leave voluntarily, but rather was deported by U.S. Customs and Border Protection. The suit, brought under the Freedom of Information Act, or FOIA, alleges that the government has ignored all requests for information about Monte's deportation.

U.S. Rep. Steve King, an Iowa Republican, applauded Montes' removal in a tweet that linked to a story in USA Today, which first reported the case.

As part of the program, they must renew their status at specified intervals, and are not allowed to leave the U.S. without providing advance notice and receiving permission.