Mexican's immigration status is in dispute over deportation

Caroline Beck
April 20, 2017

The Department of Homeland Security says a young man who was returned to Mexico was not part of a program that shields people from deportation, as an advocacy group claims in a lawsuit. "According to [Montes's] interview with the Border Patrol, conducted in Spanish, he entered the United States on February 17, 2017, and he acknowledged that he understood the questions that he was being asked", she said.

DHS spokesman David Lapan told The Daily Caller Tuesday that Montes-Bojorquez was deported after crossing a border fence over into Calexico and that he wasn't protected under amnesty as his DACA status expired in 2015.

The National Immigration Law Center, which represents Montes, stood by its account.

The DACA policy, launched by the Obama administration in 2012, protects persons - often called "DREAMers" - brought into the US during their youth from deportation and provides them with the right to work legally.

But now a 23-year-old who has lived in the United States since he was nine says he was deported to Mexico, despite the protections he was granted under DACA.

US Customs and Border Protection (CBP) officers approached him on the street in Calexico, on California's border with Mexico. His complaint doesn't specifically challenge the deportation, but instead asks for documentation explaining the reasons behind it, which immigration officials have declined to provide - even though Montes filed a federal request for the information, which they are legally required to respond to.

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Curiel's assignment to the case was coincidental, the publication reported, as judges are selected based on a rotating schedule. "I miss my job". In a January interview with ABC News' David Muir, the president addressed DREAMers, telling them they "shouldn't be very anxious".

Montes and his lawyers are caught in a public, high-stakes fight with the Department of Homeland Security. Preciado said the lawsuit was filed to determine "what happened" in February and that they are unable to move forward without additional information.

The department said that Montes admitted to entering the US illegally and never mentioned he had DACA status.

But the agency said he broke the terms of DACA by leaving the US without permission, making him eligible to be deported. In fact, he struggled in school, NILC explains, after he "suffered a traumatic brain injury as a child and has a cognitive disability". He has four minor convictions, none of which are serious enough to disqualify him from DACA protections, according to USA Today. Now he's suing the Trump administration.

Border agents then took him to a local station where he signed documents without being allowed to see an immigration judge, seek counsel or obtain copies of the papers he signed, according to his attorneys.

On Wednesday, the Department of Homeland Security said it had no record that Montes was removed to Mexico, but acknowledged that he had been approved for DACA through January 25, 2018 - a reversal from this week, when it had said Montes' DACA status expired two years ago. The group stated that at least 10 such persons are now in federal custody.

Other reports by TheDailyFarc

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