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(Lawsuit against the CBP in Calexico)….It takes a twist.

The suit was filed on behalf of 23 year old Juan Manuel Montes. The Court in San Diego says the lawsuit may not be heard until December. The Judge, However, says he would like to hear from Montes before then. In the suit, Montes claims he was questioned by Border Patrol agents in Calexico on February 18. He says they demanded identification, but he did not have any. He said his wallet was left in a friend’s car. The suit says if the agents had taken the time to check, they would have found Montes was qualified to be in the United States under the DACA Program, the Deferred Action for Childhood Arrivals. Instead Montes says the agents sent him to Mexicali. Montes claims later that night he was attacked in Mexicali, and out of fear, he re-entered the United States in the early morning hours of February 19. He was stopped by Border Patrol agents, and again deported. Border Patrol officials contends there are no records indicating the February 18 incident ever happened. They say Montes entered Mexico himself on the 19th and that disqualified him from the DACA program. The Judge says he is leaning towards paroling Montes into the United States to hear what Montes has to say.