A Southern California community college student who lived in the USA under a deferred action program sued the federal government Tuesday after he was sent back to Mexico in February.
Homeland Security said Wednesday that the Border Patrol had no record of the initial encounter in Calexico and that Montes had left the United States "on an unknown date".
Despite repeated communication with Customs and Border Patrol, through counsel, immigration officials say they have no information about his removals, according to the complaint.
A highly unusual and racially charged episode from the 2016 campaign suddenly resurfaced this week when a federal judge whom President Donald Trump repeatedly criticized was assigned to hear the case of a man who claims he was improperly deported.
The agency stated that Montes' DACA status expired in August 2015.
Several DACA recipients have been detained by immigration officials in recent months, causing many to question if their reprieve from deportation is valid under the Trump administration.
Montes had left his wallet in a friend's auto so couldn't show identification or proof of his DACA status and was told by agents he couldn't go and get them, the paper reported.
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". It says he "lost his DACA status when he left the United States without advanced parole on an unknown date prior to his arrest by the U.S. Border Patrol on February 19, 2017. departing the country without advanced parole terminates the protections Montes-Bojorquez was granted under DACA".
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"Border Patrol then took him to a local station, where they made him sign documents without allowing him to see an immigration judge, seek counsel, or obtain copies of the documents he signed", the organization said.
After getting assaulted in the Mexican border city of Mexicali, Montes returned to the United States two days later and turned himself over to authorities, according to the lawsuit.
The National Immigration Law Center, which represents Montes, stood by its account.
"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.
The lawsuit was brought on behalf of Juan Manuel Montes, a 23-year-old who was brought to the United States when he was 9 and is a resident of California. The program offers renewable two-year periods of protection, as well as eligibility for a work permit, for undocumented immigrants who entered the United States as minors.
The agency said Montes was once convicted of theft and sentenced to probation. But court records show a misdemeanor for shoplifting, which doesn't bar 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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