In the News

DREAMer Failed to Follow the Rules and Lost DACA Status Feds Say

Juan Manuel Montes-Bojoquez was twice approved for Deferred Action for Childhood Arrivals or DACA program, according to U.S. officials.

However, a failure to follow the rules as an illegal immigrant got him deported to Mexico and may have cost him the ability to reenter the United States.

According to the Department of Homeland Security records, Montes-Bojoquez was “approved for DACA starting in 2014 and had a DACA expiration date of Jan. 25, 2018.”

This status allowed him to work and attend school legally in the U.S.. Monte-Bojoquez reportedly wanted to attend community college to become a welder.

He was required to stay in the U.S. or seek approval before leaving.

DHS says, however, that some time before February 19, 2017, Monte-Bojoquez left the U.S. without first seeking permission and subsequently tried to reenter.

He was arrested on February 17, 2017 for immigration violations after trying to scale a fence in Calexico, a small town east of San Diego.

According to a statement from DHS:

“During Mr. Montes-Bojorquez’s detention and arrest by the United States Border Patrol on February 19, he admitted to agents that he had illegally entered the United States and was arrested.  He later admitted the same under oath.

During his arrest interview, he never mentioned that he had received DACA status.”

DHS indicates that even if Montes-Bojorquez had informed agents of his DACA status, it would not have stopped his deportation to Mexico on February 20, 2017.

DHS contends that he violated the conditions of his status by leaving and trying to illegally reenter the U.S. without prior approval.

Montes-Bojorquez recently filed a lawsuit claiming that:

He was deported twice in February — first after being approached by a border officer in Calexico and again after he admittedly entered the U.S. illegally a day or so later.

DHS denies a second deportation other than the one on February 20, 2017:

“There are no records or evidence to support Montes-Bojorquez’s claim that he was detained or taken to the Calexico Port of Entry on February 18, 2017.”

Montes was previously convicted of shoplifting in July 2016 and sentenced to probation. His conviction does not appear to have affected his status. DACA rules prohibit convictions of felonies, significant misdemeanors or three or more misdemeanors.

As part of his lawsuit, Montes-Bojorquez’s attorneys have filed a Federal Freedom of Information Act (FOIA) request in order to get answers they believe have not been forthcoming from federal agencies and which have violated their client’s DACA status.

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