Mexican's immigration status is in dispute over deportation
20 April, 2017, 14:00 | Author: Mae Harvey
A young immigrant who was deported to Mexico despite being granted relief from deportation under the Deferred Action for Childhood Arrivals program or DACA has sued the Trump administration, demanding information from the federal government about his deportation.
U.S. Customs and Border Protection said it doesn't comment on pending litigation.
Curiel was assigned to the case by coincidence, USA Today reports, and according to Kari Hong-an assistant professor at Boston College Law School-it's unlikely he will recuse himself. In March, 22-year-old Daniela Vargas, who is protected under DACA, was arrested after speaking against Donald Trump's immigration policy.
After searching him and confiscating his phone and his wallet, the Border Patrol officers had him sign papers in English "without explaining the documents' contents and without providing him the opportunity to review the documents" and without giving him a copy of them. Juan Manuel Montes, 23, argues that he was entitled to be in the United States until January 25, 2018 under the Deferred Action for Childhood Arrivals program. Within hours, in the middle of the night, Montes was physically removed to Mexicali, Mexico, according to the lawsuit.
"During Mr. Montes-Bojorquez's detention and arrest by the United States Border Patrol on February 19, he admitted to agents that he had illegally entered the United States and was arrested", the DHS statement said.
Homeland Security verified that Montes was arrested on February 19 and deported, but the department said it had no record of his deportation two days earlier.
Out of all the terrible immigration reforms President Trump has made in his very short time in office, he has not touched the Obama-era DACA program, though its future could be uncertain under the new administration, like everything else. At least 10 DACA recipients are now in federal custody, United We Dream, an advocacy organization made up of DACA enrollees and other young immigrants, told USA Today.
On Tuesday, the department said its records showed the protective status of Juan Manuel Montes, 23, had expired in 2015. He is now staying with an aunt and uncle in Western Mexico while lawyers file a lawsuit to uncover the details of the deportation.
It says Customs and Border Protection and U.S. Citizenship and Immigration Services, which manages the DACA program, failed to respond to requests for information beyond acknowledging receipt.
"But we can't promise people who are here unlawfully that they aren't going to be deported".
One of the attorneys said Montes did not voluntarily leave the country.
Lawyer Nora Preciado said her client, who had lived in the USA since age 9, suffered a traumatic brain injury as a child and has a cognitive disability. Prior to all of this, Montes had been re-approved for DACA status through 2018. "I miss my job".
Montes, who said he has lived in the US since he was 9, has learning disabilities after suffering a traumatic brain injury when he was young.
If a DACA recipient is to leave the country, he is supposed to inform the government.
The statement also noted Montes had a previous conviction for theft that resulted in probation, a fact the lawsuit admits.
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