SAN DIEGO – A 23-year-old man who claimed to be the first “dreamer” deported under the Trump administration has dropped his lawsuit against the federal government in U.S. District Court in San Diego, one of his attorneys said Thursday.
In his suit, Juan Manuel Montes Bojorquez asked to be allowed to return to the United States and also asked the government to release records of his encounter with Border Patrol officers the night of Feb. 18.
Government officials said there was no encounter and no such records existed.
Once the records issue was resolved, Montes filed a motion to dismiss his lawsuit late Wednesday and said he wouldn’t pursue any additional claims.
“Like all litigation, this case has been a taxing experience for Juan Manuel,” said Nora Preciado, one of Montes’ lawyers and senior staff attorney at the National Immigration Law Center. “He has asked us to dismiss his case. As his attorneys, we respect his wishes and have filed papers on his behalf.”
Under the Deferred Action for Childhood Arrivals program, people brought to the United States illegally as children were told they could stay as long as they registered with the government, had a job or went to school.
DACA, started under former President Barack Obama, is scheduled to end March 5. President Donald Trump has asked Congress to come up with a new law to address the issue.
Montes, who has lived in the United States since age 9, said he was waiting for a ride in Calexico after visiting his girlfriend last February when a U.S. Customs and Border Protection officer approached him and started asking questions.
Montes said he had left his wallet in a friend’s car, but he wasn’t allowed to retrieve it. Within three hours he had been deported back to Mexico.