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21 April 2017, 04:49 | Laverne Osborne
SAN DIEGO SUPERIOR COURT via CNN
While the Trump administration is moving swiftly to crack down on illegal immigration, President Obama's Deferred Action for Childhood Arrivals program has been left in place, for now.
Besides that, the attorneys say the Homeland Security Department is now using his deportation to scrap his DACA status.
Curiel is the same judge who presided over lawsuits involving Trump's for-profit company, Trump University. They say he qualified in 2014 and renewed his status for two years in 2016. "I do have a big heart".
According to USA TODAY, Juan Manuel Montes was detained by federal immigration agents on February 17 in Calexico, Calif. Montes claimed that he had left his wallet in a friend's vehicle and couldn't produce his identification or proof of his protected status under the Deferred Action for Childhood Arrivals (DACA) program.
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. Montes' proof of DACA status was in his wallet in a friend's vehicle, but the CBP officer refused to let him retrieve the wallet.
"As a litigator, as someone who appears before judges all over the country, I rely on anyone who rules the vote to be fair and impartial, and that's what i expect of Judge Curiel, she said".
Within hours he'd been walked to the border and released into Mexicali. The man was deported a second time after he attempted to climb the border following his initial removal. He's now staying with his aunt and uncle in Western Mexico.
The Department of Homeland Security disputes Montes's version of events. "Border Patrol, this one's for you".
DHS noted that Montes was convicted for shoplifting in January 2016, and was put on probation.
While conservative pundit David Frum drew attention to Montes' criminal record on Twitter, none of his convictions were serious enough to prohibit him from receiving DACA protections.
Several DACA recipients have been detained by immigration officials in recent months, causing many to question if their reprieve from deportation is valid under the Trump administration. His suit wound up on Curiel's docket by chance; cases filed in district court are randomly assigned to judges in the district.
"Juan Manuel was funneled across the border without so much as a piece of paper to explain why or how", said Nora Preciado, an attorney at the National Immigration Law Center, which represents Montes.
Under DACA, which came into existence as the result of an executive order signed by President Barack Obama in 2012, undocumented individuals who entered the United States as children may stay in the U.S. into adulthood for work or education under certain circumstances.
'Some people told me that they were going to deport me; others said nothing would happen, ' Montes told USA Today. On Wednesday, the judge was assigned a blockbuster case: The lawsuit filed by a dreamer who argues that he was unlawfully deported. They also add that after suffering "a traumatic brain injury as a child" he "has a cognitive disability".
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