The deportation, his lawyers claim, is the first of its kind under the administration of President Donald Trump, a fact disputed by the Department of Homeland Security.
On Feb. 17, Juan Manuel Montes, 23, was apprehended by a U.S. Customs and Border Protection officer after leaving his girlfriend's residence, where he had dinner dinner, and while waiting for a ride home, according to a report by USA Today. But it said Montes acknowledged under oath that he entered the country illegally on February 19, forcing him to lose status because it was an admission that he left without required permission.
Court records show that Montes has a conviction for shoplifting in January 2016, for which he received probation, and three for driving without a license.
"Juan Manuel was funneled across the border without so much as a piece of paper to explain why or how", Nora A. Preciado, a staff attorney at NILC, said.
A 23-year-old man has sued the Trump administration over his deportation to Mexico in February, saying he has permission to live and work in the United States under an Obama-era immigration program that protects young people who were brought into the country illegally as children.
Curiel will be asked to decide whether U.S. Customs and Border Protection should release information on Montes' deportation to his team of attorneys, the outlet reported.
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As USA Today reported Tuesday, it's the first known deportation of a DACA recipient. "I miss my job". The president has said both that DACA is "one of the most unconstitutional actions ever undertaken by a President", while also noting that "DREAMers shouldn't be very anxious".
Montes and his lawyers are caught in a public, high-stakes fight with the Department of Homeland Security. On Wednesday, the judge was assigned a blockbuster case: The lawsuit filed by a dreamer who argues that he was unlawfully deported. He started taking welding classes at a Southern California community college and paid for it by picking crops in California and Arizona.
But the president chose to not revoke the DACA protections Obama had granted to more than 750,000 undocumented immigrants, repeatedly saying they had made new lives here and should be allowed to stay if they play by the rules. Montes alleged that he was made to sign documents without seeing an attorney or an immigration judge, and that he was not given a copy of the documents, according to the Times. The agency acknowledged that his DACA status was valid until 2018 as his suit argues. Curiel will now have to decide whether Trump's administration can legally detain and deport individuals who were guaranteed the right to live and work in the U.S.
Montes suffered a brain injury as a child and has learning disabilities as a result. Their understanding is that the protection was current, according to advocacy group United We Dream.
An undocumented immigrant protected from removal by a law President Trump assured voters he would stand by has been deported back to Mexico, according to USA Today.
Court documents note that the status of DACA recipients is terminated if the individual leaves the US without receiving official permission, a rule known as "advance parole".