Juan Manuel Montes, 23, speaks in a relative’s residence in western Mexico after he was deported by U.S. Customs and Border Protection on Feb. 19, 2017.(Photo: David Agren for USA TODAY)

An undocumented immigrant who claimed he was wrongly deported by U.S. Border Patrol brokers was arrested for attempting to illegally re-enter the nation for the second time this 12 months, authorities mentioned Wednesday.

Juan Manuel Montes, 23, was caught late Monday after he was noticed on the U.S. aspect of the border by brokers monitoring video feeds close to Calexico, Calif., the place he had lived for many of his life, based on a Border Patrol badertion. Montes ran for about 200 yards, dropped to the bottom, tried to flee once more as Border Patrol brokers approached him, however was rapidly caught and arrested.

He was booked into the Imperial County Jail and is dealing with a federal felony cost that would lead to as much as two years in jail.

Montes has claimed he was deported by Border Patrol brokers in February regardless of having deportation protections by way of the Deferred Action for Childhood Arrivals program, often known as DACA. That would have made him the primary recognized DACA enrollee deported underneath the Trump administration.

More: First DREAMer who says Trump border brokers wrongly deported him drops lawsuit

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Border Patrol has refuted his declare, arguing that it has no file of deporting Montes that February night time. The authorities says Montes will need to have left the nation voluntarily with out getting approval, which might have instantly terminated his DACA standing. 

A gaggle of attorneys sued the Trump administration to win his return to the U.S., and a federal choose in San Diego was getting ready to carry a trial in December to determine precisely what occurred. U.S. District Judge Gonzalo Curiel was additionally keen to let Montes again into the nation so he might testify on his personal behalf.

But in October, Montes knowledgeable his attorneys that he needed to drop the case. He had been residing with relations in his native Mexico for eight months, and offered no clarification for ending his lawsuit.

His attorneys have mentioned Montes suffers from a cognitive incapacity on account of an undisclosed incident that occurred in his childhood.

Montes was protected underneath the 5-year-old program created by President Obama to guard undocumented immigrants delivered to the nation as minors, a gaggle often known as DREAMers. The program has shielded almost 800,000 individuals from deportation and granted them work permits.

Their standing is now in limbo after President Trump introduced in September that he would finish this system. Trump gave Congress six months to go a invoice to guard DREAMers, however hinted that he would possibly lengthen their DACA protections if Congress fails to discover a resolution.

It’s unclear whether or not any of that may matter for Montes.

He first tried to re-enter the U.S. in February, shortly after the night time the place he says he was deported and Border Patrol says he left on his personal. He was caught by Border Patrol brokers after he scaled the border wall, and was rapidly deported.

Monday’s arrest would mark the second time he tried to re-enter the nation. Under federal legislation, illegally re-entering the U.S. after being deported is a felony offense punishable by a fantastic and as much as two years in jail, based on the Department of Justice.

“Border Patrol Agents will always stop, detain, and arrest anyone making an illegal entry into the country irrespective of their immigration or citizenship status,” Assistant Chief Patrol Agent David Kim mentioned.

Montes’ attorneys didn’t reply to a request for remark Wednesday night time.

 

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