Mexican's immigration status is in dispute over deportation

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However, the agency also said Montes acknowledged under oath that he left and then re-entered the country illegally on February 19, forcing him to lose status because it was an admission that he left without required permission.

Judge Gonzalo Curiel, who was born in the U.S. but is of Mexican heritage, was attacked by Trump previous year over his handling of a lawsuit against Trump University.

"It is of interest because of the judge having been previously attacked - unfairly I think - by candidate Trump, but I don't think legally there's much of an issue here", Johnson said. Trump has kept it in place and made sympathetic remarks about its beneficiaries, angering some immigration hardliners.

Democratic strategist Isaac Wright pointed out that he is the primary breadwinner for his family, while Katie Pavlich said Montes should have considered that fact before allegedly breaking the law. He said the administration's enforcement priorities are people who committed crimes in the United States and pose a threat.

While the administration has said that it respects DACA and that no one with active status would be deported, advocates are using the case to call into question whether DHS is being honest about its position.

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It is unclear if DeSio is claiming that this reentry was what first led immigration agents to pick Montes up. The Department of Homeland Security claims that Montes did that, but his lawyers are disputing that claim. Attorney Nora Preciado with the National Immigration Law Center said there is documentation to prove that Montes renewed his status and that it was current. Despite this, Border Patrol allegedly took him to a local station where he was asked to sign papers and then dropped off in Mexico.

On the night of February 17, Montes was walking to a taxi station in the border town of Calexico when a Border Patrol agent on a bicycle stopped him and asked for an identification, the suit says.

Curiel is the same judge who presided over lawsuits involving Trump's for-profit company, Trump University.

U.S. Customs and Border Protection said it doesn't comment on pending litigation.

A spokesman for the Department of Homeland Security told The Daily Caller that Montes' version of the incident is false and that he was caught climbing over a border fence when he was detained.

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Montes' attorneys, however, said they stand behind his account of the story.

Those convictions are not serious enough to disqualify him from DACA protections, according to U.S. Citizenship and Immigration Services, the federal agency that approves DACA applications.

If a DACA recipient is to leave the country, he is supposed to inform the government. "The answer is, he is giving us very unfair rulings - rulings that people can't even believe".

Despite this, at least 10 have been detained, according to United We Dream, and Montes, who suffered a traumatic brain injury as a child, appears to be the first to be deported.

"We look forward to presenting our case to the court, because our client has the right to know why and how he was physically removed from the United States when he had permission to live and work here", said Monica Ramirez Almadani, one of Montes' attorneys. He was attending welding classes and was paying for school by picking crops in California and Arizona.

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