U.S. District Judge Gonzalo Curiel in San Diego last month approved an agreement for Trump to pay $25 million to settle cases alleging that his now-defunct Trump University misled customers. The assigning of the case to Curiel is believed to be a coincidence. A statement from U.S. Customs and Border Protection says that Montes was arrested for "illegally entering the U.S.by climbing over the fence in downtown Calexico".
In a reversal of its prior stance, the U.S. Department of Homeland Security said Wednesday that the first-known "Dreamer" deported under President Donald Trump's administration did indeed have valid protective immigration status.
No court date has been set.
Curiel's involvement in the case is sure to increase the publicity surrounding the most notable test yet of the Trump administration's policies toward undocumented immigrants. He is appealing the decision in U.S. District Court, his attorneys said Tuesday.
Montes, who worked picking fruits and vegetables in California fields and was pursuing a degree in welding, claims he was assaulted a few days after he was deported to Mexicali in February. Past year during the presidential campaign, Trump claimed Curiel - who was born in IN - couldn't preside fairly over the case because he is Mexican-American.
But Trump allowed to remain in place the DACA protections Obama had granted to more than 750,000 undocumented immigrants, saying he felt sympathy for these young people who have limited ties to the countries of their birth.
Juan Manuel Montes, a Mexican national who has lived in the USA since he was 9, filed a lawsuit Tuesday demanding that federal officials release information about why he was deported. "I miss my job".
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SAN DIEGO (AP) A case involving a man who was deported to Mexico despite having permission to be in the US under a program that shields young immigrants has landed in the courtroom of a judge whose impartiality was questioned by Donald Trump during the presidential campaign because of his Mexican heritage. "These young folks came forward, they filed paperwork, they got their background checks done, they paid their fees and in exchange, the government promised them that they did not have to fear deportation - that they could get work authorization to continue their lives, to study and work, that they wouldn't be summarily deported, and yet here we are". The agency did not immediately respond to a request for comment from Reuters.
According to the Associated Press, DHS acknowledged that Montes had received DACA protections in 2014 and renewed them for two years in 2016, but that he lost those protections when he left the country without permission.
Rep. Nancy Pelosi, D-Calif., said in a statement Tuesday that instead of honoring the protections of DACA, "President Trump has unleashed an indiscriminate deportation dragnet of appalling inhumanity".
Homeland Security Secretary John Kelly has said categorically that no one who has current DACA status has been detained or deported under the program.
"He was arrested by (Border Patrol) just minutes after he made his illegal entry and admitted under oath during the arrest interview that he had entered illegally", Hetlage told this newspaper in an email.
The case may define Trump's approach to DACA, which was introduced in 2012 by President Barack Obama.