The immediate question before Judge Gonzalo Curiel is whether Montes can return to the United States while his case is being adjudicated
In this undated photo provided by the National Immigration Law Center shows Juan Manuel Montes, 23. Photo: National Immigration Law Center via AP/Juan Gastelum,
22 of August 2017 17:16:04
SAN DIEGO – Lawyers for a Mexican man who was shielded from being deported will try to persuade a judge who has been a target of President Donald Trump's scorn that the administration wrongly expelled their client from the United States.Juan Manuel Montes, 23, is the first known recipient of the five-year-old Deferred Action for Childhood Arrivals (DACA) program to be deported under Trump, according to supporters. The administration says Montes left the United States voluntarily, causing him to forfeit his protected status.U.S. District Judge Gonzalo Curiel will hear arguments Tuesday, nearly five months after he approved a settlement for Trump to pay $25 million to end lawsuits alleging fraud at his now-defunct Trump University. As the Republican presidential front-runner last year, Trump suggested that the Indiana-born jurist's Mexican heritage prevented him from being impartial.The immediate question before Curiel is whether Montes can return to the United States while his case is being adjudicated. The judge may choose to rule on that request for a preliminary injunction at a later date, but his comments Tuesday may offer the first clues on his thoughts about the case.The government has approved nearly 1.8 million DACA permits, including renewals, since President Barack Obama introduced the program in 2012 for immigrants who came to the country as young children and performed well. The Trump administration has sent mixed signals on DACA's future, allowing the program to continue but saying that its fate is undecided.