Agency says deported man had no special status

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Reports emerged Tuesday that Montes was deported from the U.S. following a February 17 encounter with a U.S. Customs and Border Protection (CBP) agent in Calexico, Calif.

"Juan Manuel Montes Bojorquez was apprehended by the Calexico Station Border Patrol after illegally entering the U.S.by climbing over the fence in downtown Calexico". Montes-Bojorquez said that he left his wallet in a friend's vehicle which had his ID and a card showing he received Deferred Action for Childhood Arrivals (DACA).

A Southern California community college student who lived in the US under a deferred action program sued the federal government Tuesday after he was sent back to Mexico in February.

Montes claims that he was approached in February by a Border Patrol agent in Calexico, California who took him into custody and did not allow him to provide proof of his DACA status.

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A group of attorneys filed a lawsuit on Montes' behalf Tuesday after Customs and Border Protection failed to respond to a Freedom of Information Act (FOIA) request filed by Montes last month, seeking records regarding his case.

Obama granted "Dreamer" protection to more than 750,000 undocumented immigrants brought to the U.S.as children - and Trump pledged to protect them amid his agenda to enforce immigration laws.

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. Montes was not carrying his ID, which would have proved his DACA status, and agents refused to let Montes retrieve it, according to the report. There are an estimated 11 million undocumented immigrants living in the U.S. However, under the new policies enacted by Trump's executive orders, the criteria for border protection agents to detain and deport undocumented immigrants have expanded significantly.

A 23-year-old "Dreamer" who was deported despite his legal protections sued the Customs and Immigration services Tuesday for information about why they did it.

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Montes argues that the Due Process Clause of the 5 Amendment bars the government from denying him the liberty to live in the USA after promising to let him remain in the country.

"They shouldn't be very anxious", the president told ABC News in January.

After USA TODAY published the story, the Department of Homeland Security-which had refused a request for comment for 24 hours-said it could not confirm details of Montes' deportation. "He handles many cases involving the United States government", Johnson said. The attorneys said Montes qualified for DACA in 2014 and renewed his status for two years in 2016.

The lawsuit says that while in Mexico, Montes was assaulted and fearing his life, illegally crossed into the US again, where he was apprehended and detained before being removed once again to Mexico. DACA is a very, very hard subject for me, I will tell you. "Mr. Montes has had minor traffic offenses and a single misdemeanor offense, none of which would have disqualified Mr. Montes from DACA", the lawsuit says.

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