SAN DIEGO (AP) — An immigrant who had been shielded from deportation but was sent back to Mexico has dropped his lawsuit against the Trump administration.
A federal judge in San Diego on Thursday agreed to dismiss the case filed by Juan Manuel Montes.
The suit was taxing for the 23-year-old, who is now living in Mexico, and he asked to drop it. But he stands by the claim that he was wrongly deported, said Marielena Hincapie, executive director of the National Immigration Law Center, which represented Montes.
“His decision to voluntarily dismiss his case does not change that,” she said.
The Department of Justice declined to comment on the case.
Montes’ lawyers say he was the first-known participant in the five-year-old Deferred Action for Childhood Arrivals program to be deported under President Donald Trump.
The program — which Trump announced last month he was ending — gave work permits and deportation protection to nearly 800,000 immigrants in the country illegally who were brought here as children.
Montes, who came to the United States when he was 9, has a cognitive disability that likely stems from a childhood brain injury, according to his lawyers.
Montes claimed that he was wrongly expelled in February from the United States, but the administration said he left the country voluntarily, causing him to lose his protected status under the program.
Montes said he finished dinner with a friend and was seeking a ride home in the California border town of Calexico when a Border Patrol agent stopped him.
When Montes failed to produce identification, he says agents questioned him and drove him after midnight to the border with orders to walk into neighboring Mexicali, Mexico.
Both sides agree on what happened next: Montes tried to return to the United States the next night by jumping the border fence in Calexico, was caught by Border Patrol agents and deported.
The Department of Homeland Security has said it has no record that authorities deported Montes two nights earlier and insists he crossed into Mexico voluntarily, violating a provision of the program that requires advanced permission to leave the country.
Copyright 2017 The Associated Press.
Seasonal weather as we approach the end of May. Temperatures slightly below average and an overcast morning set to scatter by the afternoon.
The San Diego Community Review Board of Police Practices on Tuesday once again took up the issue of a controversial chokehold.
A threat to Tierra Del Sol Middle School in Lakeside has turned up no evidence of validity, authorities said late Tuesday night.
Most people are familiar with action cameras that record HD video. Now the technology has advanced and 360 cameras are flooding the consumer market.
The Trump administration has been looking to open the waters off California to oil drilling, but several cities in San Diego County have pushed back.
The Crossroads of the West gun show is a popular draw and big moneymaker for the Del Mar Fairgrounds, but gun control advocates are calling for an end to the shows in the wake of recent school shootings.
A slow-moving brush fire blackened about 50 open acres east of Pala Casino Tuesday, sending plumes of smoke over northeastern San Diego County.
A sheriff's deputy accused of groping a teenage girl while standing behind her in a Vista fast-food restaurant line pleaded not guilty Tuesday to charges of committing a lewd act on a 14-year-old and accessing a computer to look up information on the case.
Election season is right around the corner, and that means a flood of campaign ads and letters are popping up in people's mailboxes.
San Diego City Councilman Chris Cate on Tuesday announced he has reopened the high water bills saga to look into how to prevent water meter misreads and accidental high bills in the future.