Judge denigrated by Trump as 'Mexican' will hear key deportation case

White House Defends Aircraft Carrier Claim

SAN DIEGO (AP) — A case involving a man who was deported to Mexico despite having permission to be in the USA under a program that shields young immigrants has landed in the courtroom of a judge whose impartiality was questioned by Donald Trump during the presidential campaign because of his Mexican heritage.

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.

"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". Customs and Border Protection officers arrested him February 17 in Calexico, Calif., per the complaint filed Tuesday. He is now staying with his estranged father in Mexico and working at a tortilla mill.

The Latino judge who Donald Trump criticized on the campaign trail because of his ethnicity will preside over a high-profile immigration case this week.

A day earlier, it said his eligibility had expired in August 2015.

Representatives from the Department of Homeland Security later stated to USA Today that they couldn't confirm details of Montes' deportation.

It turns out that Curiel will continue to resolve Trump-related disputes. The supposed incident occurred just days before the Trump administration's February 21 announcement that it would leave DACA protections, which affect undocumented individuals who entered the country as children, intact. Above a photo of a mug, he wrote, "First non-valedictorian DREAMer deported".

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The issue at the heart of the case that Curiel will hear now deals directly with whether DHS properly complied, or must now comply, with a FOIA request for documents pertaining to why an undocumented man left the United States while he was a beneficiary of the DACA program.

For Montes, he said he felt he was "forced out" during his interaction with agents "because [he] was nervous and didn't know what to do or say". Montes, who has a learning disability due to a traumatic brain injury he suffered as a child, was asked by Border Patrol to sign documents that he did not understand and for which he was not provided any copies.

Curiel has been asked to rule on whether the CPB must release information on Montes' arrest and deportation to his team of attorneys. But the lawsuit alleges that the incident described by Border Patrol happened days after his initial deportation.

"Juan Manuel was funneled across the border without so much as a piece of paper to explain why or how", Nora A. Preciado, a staff attorney at NILC, said. "We will see them in court".

The agency said Montes was once convicted of theft and sentenced to probation. He then worked two years picking crops in California and Arizona. His lawyers acknowledged in the lawsuit that he had a misdemeanor on his record and 'minor traffic offenses, ' none of which would have disqualified him from DACA.

The government has issued almost 800,000 DACA permits since President Barack Obama introduced the program in 2012 and almost 700,000 renewals.

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