Montes came to the United States at the age of 9, according to a statement from the National Immigration Law Center.
On Wednesday, the Department of Homeland Security said it had no record that Montes was removed to Mexico, but acknowledged that he had been approved for DACA through January 25, 2018 - a reversal from this week, when it had said Montes' DACA status expired two years ago.
Attorneys on behalf of Montes, who was brought to the U.S.as a child, filed a lawsuit on Tuesday demanding that the federal government turn over all information about the 23-year-old's case.
But on the night of February 17, a U.S. Customs and Border Protection agent approached Montes as he was on his way home from visiting a friend in Calexico, Calif., the lawsuit charges. However, 23-year-old Juan Manuel Montes is believed to be the first one to be sent back to Mexico in spite of his active Deferred Action for Childhood Arrivals (DACA) status.
A familiar figure will decide Montes's case: U.S. District Judge Gonzalo Curiel, the judge President Trump accused of being biased against him in the Trump University fraud case because of his "Mexican heritage".
"I'm disturbed about reports that a Dreamer with DACA protection has been deported", Sen.
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. Montes, who suffered a traumatic brain injury as a child, appears to be the first to be deported. "Border Patrol, this one's for you". Montes' lawyers claim he had renewed it in 2016 and it expires in 2018.
However, the lawsuit contends that the fence-climbing incident happened separately - days after Montes was initially deported by Border Patrol agents.
Curiel also presided over the settlement of two lawsuits from former students of the Trump U. wealth seminar courses against the then-President-elect in November. When he asked to retrieve them, the border agents would not let him do so.
He is being represented by the National Immigration Law Center, Los Angeles immigration attorneys Monica Ramirez Almadani and Stacy Tolchin, Belinda Escobosa Helzer of Fullerton and Devon Mobley-Ritter of Covinton & Burling LLP of Redwood Shores, California.
"Juan Manuel has been unequivocal in his assertion that he never voluntarily left the country while he had DACA". But DHS says the first record they have of Montes is in 2010, when he entered the U.S. and agreed to a deal that allowed him to avoid expedited removal.
Montes is now living in Mexico with hopes of returning to the United States. It grants them renewable two-year periods to stay, during which time they can study and work, if they keep out of trouble. He is now in Mexico.
Mr. Montes told the newspaper he was arrested February 18 after having lunch with a friend, and wasn't allowed to get his wallet showing his DACA approval, which he said should have protected him into early 2018.