Published: Fri, April 21, 2017
U.S. | By Eddie Scott

How the DACA deportation case landed with Judge Curiel

Juan Manuel Montes, 23, says he was deported in February.

"Juan Manuel was funneled across the border without so much as a piece of paper to explain why or how", attorney Nora A. Preciado said.

Juan Manuel Montes' attorneys said their client is believed to be the first known person who qualifies for the Deferred Action for Childhood Arrivals program to be deported by President Donald Trump.

Trump was condemned by Democrats and Republicans alike previous year after he criticized Curiel's rulings in the Trump University case and attacked Curiel personally.

Montes' attorneys said the young man was walking down the street in Calexico to catch a taxi when he was stopped by a border official. They are here illegally.

Montes, who suffered a traumatic brain injury as a child and has a cognitive disability, has been in the USA since he was 9 years old, according to the law center. He then worked two years picking crops in California and Arizona.

A lawsuit seeking records about Montes' deportation was assigned to U.S. District Judge Gonzalo Curiel in San Diego, who last month approved an agreement for Trump to pay $25 million to settle cases alleging that his now-defunct Trump University misled customers. However, the spokesman noted that DACA status could be terminated if an individual were "found to pose a threat to national security or public safety".

Montes said he left his wallet in a friend's vehicle and he couldn't produce his ID or proof of his DACA status. Unable to verify that he was covered by DACA, Montes was detained, questioned and asked to sign certain documents.

Tuesday evening in Los Angeles at the Westchester-Playa Democratic Club, while discussing President Donald Trump's budget, Rep. Maxine Waters (D-CA) said she hoped Trump is impeached so he can not build a wall on the U.S. -Mexico border.

According to USA Today's report, Montes was supposedly approached by a U.S. Customs and Border Protection officer on the evening of February 17.

Montes' suit - claiming "CBP did not provide Mr. Montes with any documentation or record of his removal" - asks the government to furnish information on his deportation. He lived with his mother and younger brother, who is a US citizen.

In addition, during his detention and arrest by Border Patrol on February 19, he admitted to agents that he had illegally entered the USA, said DHS, which oversees CBP and Border Patrol.

"His DACA status expired in August 2015 and he was notified at that time. There are no records or evidence to support MONTES-Bojorquez's claim that he was detained or taken to the Calexico Port of Entry on February 18, 2017". His DACA status and work permit do not expire until 2018. Within three hours, he was back in Mexico, becoming the first undocumented immigrant with active DACA status deported by the Trump administration's stepped-up deportation policy.

Waters said, "We are in church you all".

"I think I'm going to do very well with Hispanics, but we're building a wall", he said.

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