Montes is the first DREAM immigrant - that is, an undocumented immigrant who has lived in the United States since childhood - to be deported by the Trump administration despite his active DACA status.
Montes-Bojorquez said he had left his California identification card and his employment authorization document in a friend's vehicle. Hours later, at about 1 a.m., immigration officials walked Montes across the border, physically removing him from the US and leaving him in Mexico near Mexicali, Baja California.
Curiel will be asked to decide whether U.S. Customs and Border Protection (CBP) should release information on Montes' deportation to his team of attorneys. It's a policy which was put in place by executive discretion under Barack Obama and, as yet, hasn't been formally rescinded under President Trump.
The Department of Homeland Security disputes these claims and has provided no record of the incident.
"I would respectfully suggest that, in this case, the facts are not completely out, so I would rather not jump to conclusions about what happened", he said.
On Tuesday, a group of lawyers filed a complaint in a U.S. District Court in California, seeking more information from U.S. Customs and Border Protection about their encounter with Montes. The blaring title read, "First protected DREAMer is deported under Trump".
The agent then took Montes to a local station, where they made him sign documents without letting him see an attorney or immigration judge, the NILC said. 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. After that, officers walked him to the border in Mexicali. He was again asked to sign documents, not provided copies and returned to Mexico. But he said he was deported in February anyway, despite that protection, after agents refused to let him get his paperwork.
The National Immigration Law Center, which represents Montes, stood by its account.
Montes has filed a freedom of information (FOIA) request with Customs and Border Protection asking for records surrounding his case. During the interview, he never mentioned his DACA status, the agency said. "We're trying to get answers", Preciado told The Washington Post.
He suffered a traumatic brain injury as a child that left him with learning disabilities that meant a constant struggle to keep up in school and everyday conversations, according to Hincapié. Some 770,000 people have had their applications for DACA status approved, according to official statistics published in March. He is now staying with relatives in western Mexico.
Montes was convicted of shoplifting in July 2016 and sentenced to probation, according to Homeland Security, although that doesn't appear to have affected his status. His lawyers acknowledged Tuesday in the lawsuit filed in the Southern District of California that he had a misdemeanor on his record and "minor traffic offenses", none of which would have disqualified him from DACA. Leaving the United States without advance permission from the government automatically cancels DACA protections.