Immigration authorities physically removed Montes to Mexicali, on the Mexican side of the border, "in the middle of the night", according to the NILC.
Juan Manuel Montes, 23, was stopped on February 17 while visiting his girlfriend in the border town of Calexico.
Montes-Bojorquez, 23, is believed to be the first DACA recipient to be deported despite suggestions by President Trump that he would show compassion to the so-called DREAMers and had backed away from campaign promises to end the program initiated under former President Barack Obama.
Trump was condemned by Democrats and Republicans alike a year ago after he criticized Curiel's rulings in the Trump University case and attacked Curiel personally.
DHS produced a "few pages" of documents to attorneys this morning, detailing only the second deportation of Montes, said Tumlin.
"I don't know why this individual was picked up", he said. They are here illegally.
Established in 2012, DACA covers some 750,000 young people brought to the U.S.as children. It grants them renewable two-year periods to stay, during which time they can study and work if they keep out of trouble.
On Tuesday, Montes, backed by the National Immigration Law Center (NILC), filed a lawsuit against the U.S. District Court for the Southern District of California, alleging that the government did not provide any documentation explaining the legality of sending him back to Mexico. But it said Montes acknowledged under oath that he entered the country illegally on February 19, forcing him to lose status because it was an admission that he left without required permission. Montes had forgotten his wallet in a friend's vehicle and did not have any identification on hand. He was deported again on February 20 "without any documentation or records of his removal", the complaint states.
Tuesday evening in Los Angeles at the Westchester-Playa Democratic Club, while discussing President Donald Trump's budget, Rep. Maxine Waters (D-CA) said she hoped Trump is impeached so he can not build a wall on the U.S. -Mexico border.
The USA Today story said that Bojorquez, 23, was apprehended by Customs and Border Protection (CBP) agents while he was waiting for a auto ride to pick him up.
According to his attorneys, Montes came to the USA when he was 9. "Border Patrol, this one's for you".
"His DACA status expired in August 2015 and he was notified at that time. In addition, he has a conviction for theft for which he received probation".
After being deported, Montes stayed with a friend in Mexicali but was jumped and robbed the very next day and made a decision to return to the United States.
Besides that, the attorneys say the Homeland Security Department is now using his deportation to scrap his DACA status.
Spokeswoman Jenny Burke also told USA Today that "the department had no record of Montes renewing his DACA status after it expired in 2015".
Montes' attorneys, however, are asserting that his DACA authorization is valid to 2018.
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