A federal lawsuit brought by a so-called "Dreamer" deported to Mexico has been assigned to District Court Judge Gonzalo Curiel — the jurist famously attacked by then-candidate Donald Trump over his "Mexican heritage" in a separate case involving Trump University. 
 
 Juan Manuel Montes, 23, filed a complaint Tuesday in the U.S. District Court for the Southern District of California, alleging that the government did not provide any documentation explaining the legality of sending him back to Mexico. The suit seeks documents related to his case. 
 
 The case was assigned at random to Curiel, the Indiana-born judge whose impartiality was called into question by Trump last year due to what the then-candidate called Curiel's "Mexican heritage." 
 
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 Many, including House Speaker Paul Ryan, said the comments were racist. 
 
 But Kevin R. Johnson, dean of the University of California, Davis, School of Law, said Trump's past comments about Curiel will likely have no bearing in the case. "He handles many cases involving the United States government," Johnson said. 
 
 Judge Gonzalo Curiel US District Court Southern District of California 
 
 "It is of interest because of the judge having been previously attacked — unfairly I think — by candidate Trump, but I don’t think legally there’s much of an issue here," Johnson said. 
 
 Curiel, an Obama appointee who was a former U.S. attorney, did not recuse himself in the Trump University case he oversaw and made no public comments about Trump’s attacks. The Trump University suit was settled for $25 million under a deal reached in November. 
 
 Lawyers for Montes said he was stopped by a law enforcement officer after leaving a friend’s house in Calexico, California, at around 10 p.m. on Feb. 17, he had left his wallet and ID in his friend’s car, and was then questioned and told to sign documents before being physically removed across the border near Mexicali, Mexico. 
 
 The attorneys say Customs and Border Protection should have known Montes, who was brought to the United States when he was 9 years old, had DACA status, first granted in 2014, renewed in 2016 and not set to expire until 2018. 
 
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 After being assaulted in a robbery attempt in Mexico, Montes feared for his life, re-entered the United States, turned himself in to border agents, and was arrested and sent back to Mexico, according to the lawsuit. 
 
 On Wednesday, the Department of Homeland Security said it had no record that Montes was removed to Mexico, but acknowledged that he had been approved for DACA through Jan. 25, 2018 — a reversal from this week, when it had said Montes' DACA status expired two years ago. 
 
 But the agency now said Montes "lost his DACA status when he left the United States without advance parole on an unknown date prior to his arrest" by the border patrol on Feb. 19. 
 
 The department said that Montes admitted to entering the U.S. illegally and never mentioned he had DACA status. But DHS claimed that even had he done so, he violated the continuous residency condition of the program and entered the United States illegally. 
 
 Juan Manuel Montes. National Immigration Law center 
 
 DHS says Montes was sent back to Mexico shortly after 3:20 p.m. on Feb. 20. 
 
 Cases involving DACA recipients could signal the Trump administration’s plans for the program, which was established in 2012, Johnson said. 
 
 While taking a tough line on illegal immigration on the campaign, Trump in February called the DACA program one of the "most difficult subjects I have" and expressed sympathy for those brought to the United States as children. 
 
 The program allows those brought to the U.S. as children to work and study in the country without fear of deportation. DACA status lasts for two years and can be renewed. 
 
 Since 2012, more than 770,000 people have been granted DACA permits under the program. DHS has said about 1,500 recipients have lost DACA status because of a criminal conviction or gang affiliation. 

 (CNN) A highly unusual and racially charged episode from the 2016 campaign suddenly resurfaced this week when a federal judge whom President Donald Trump repeatedly criticized was assigned to hear the case of a man who claims he was improperly deported. 
 
 Judge Gonzalo Curiel, who was born in the US but is of Mexican heritage, was attacked by Trump last year over his handling of a lawsuit against Trump University. Trump claimed Curiel could not impartially hear the case because of his background and Trump's hardline immigration policies. The case was eventually settled. 
 
 Now, Curiel is assigned to hear the case of Juan Manuel Montes Bojorquez, 23, who his lawyers allege was deported from California to Mexico earlier this year despite having active protection under the Deferred Action for Childhood Arrivals program, also known as DACA. 
 
 And Trump's comments toward Curiel last year -- he called the Indiana-born judge a "hater" and a "Mexican" -- drew some of the loudest accusations of racism that the then-candidate faced during his campaign and several repudiations from prominent Republicans. 
 
 The lawsuit, which is brought under the Freedom of Information Act, has already become a flashpoint in the Trump administration's immigration policy and the President's murky position on DACA. 
 
 Curiel's involvement is sure to increase the publicity surrounding the case, which is already shaping up to be one of the more high-profile challenges to execution of Trump's immigration agenda. The White House did not immediately respond to an inquiry about whether the President feels Curiel will be a fair judge in the matter. 
 
 Shifting positions on DACA 
 
 The President's own position on DACA has evolved. Trump pledged to end DACA during the 2016 campaign, but the Department of Homeland Security has continued issuing permits and he has since spoken about how sympathetic he finds the people in DACA -- undocumented immigrants brought to the US as children who, in many cases, know no other home. 
 
 "We're going to show great heart," Trump said at a news conference in February. "DACA is a very, very difficult subject for me, I will tell you." 
 
 But he also spoke of possible abuses of the DACA program in the same thought, saying in "some of the cases, having DACA and they're gang members and they're drug dealers, too. But you have some absolutely, incredible kids, I would say mostly. They were brought here in such a way -- it's a very -- it's a very, very tough subject." 
 
 Homeland Security Secretary John Kelly has insisted the administration has not detained or deported anyone with an active DACA status, but several former DACA recipients have been detained and, in some cases like Montes', the government has maintained that a violation of the program forfeited the status. 
 
 Lawyers for Montes say their client was apprehended by Border Patrol and deported on February 18. DHS said Wednesday that never happened. 
 
 While DHS initially said Tuesday they had a record of Montes' DACA status expiring in 2015, they released further information Wednesday saying he did, in fact, have DACA status until 2018, agreeing with lawyers for Montes. 
 
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 The problem, though, is on the part of the story both sides agree on: Montes tried to sneak back into the US on February 19 and was caught by Border Patrol. DACA requires individuals to get pre-clearance to leave the country, and so Montes' re-entry then showed he had left without authorization and voided his status, DHS said. He was sent back to Mexico the following day, where he is now staying. 
 
 The administration has said that it respects DACA and that no one with active status would be deported, but advocates are using the Montes case and others to call into question whether DHS is being honest about its position. 
 
 The lawsuit is seeking records about Montes' interactions with Customs and Border Patrol, and also any appropriate relief for Montes including attorney fees. 
 
 'The definition of racism' 
 
 Trump was condemned by Democrats and Republicans alike last year after he criticized Curiel's rulings in the Trump University case and attacked Curiel personally. 
 
 One of Trump's harshest rebukes came from House Speaker Paul Ryan, who described the language as "sort of like the textbook definition of a racist comment." Senate Majority Leader Mitch McConnell called Trump's remarks "offensive and wrong" and former House Speaker Newt Gingrich, a staunch ally of Trump, called the comments "inexcusable" and "one of the worst mistakes Trump has made." 
 
 Trump later defended himself in a written statement, saying he did not believe "one's heritage (made) them incapable of being impartial." 
 
 "Based on the rulings that I have received in the Trump University civil case, I feel justified in questioning whether I am receiving a fair trial," Trump said. He also referenced "the core issues of my campaign that focus on illegal immigration, jobs and unfair trade" in explaining his criticism. 
 
 In a memorable exchange with CNN's Jake Tapper in June, Trump vociferously -- and repeatedly -- defended his claims that Curiel was biased. 
 
 "He's proud of his heritage. I respect him for that," Trump said, dismissing charges that his allegation was racist. "He's a Mexican. We're building a wall between here and Mexico." 
 
 At the end of a lengthy exchange, Tapper asked: "If you are saying he cannot do his job because of his race, is that not the definition of racism?"
– President Trump is likely to be no fan of this scenario. US District Judge Gonzalo Curiel, whom Trump accused of being a "hater" and a "Mexican" when he presided over a lawsuit involving Trump University, will hear the case of a man who says he was deported by US officials despite having protected status under the Deferred Action for Childhood Arrivals program, reports CNN. Curiel, an Obama appointee from Indiana, was assigned to the case at random. Legal analysts say objections to the assignment are unlikely to result in a change since Curiel "handles many cases involving the United States government" and "simply being attacked by the President isn't a conflict of interest," per NBC News and USA Today. The case centers on 23-year-old Juan Manuel Montes, who says he was deported to Mexico in February even though he qualified for DACA protection in 2014 and renewed his status for two years in 2016, meaning he should have been protected until 2018. US authorities initially said Montes never renewed his DACA permit when it expired in 2015. On Wednesday, however, the Department of Homeland Security said Montes' permit was valid until 2018 but he "lost his DACA status when he left the United States without advance parole on an unknown date," violating a continuous residency condition. He was arrested in the US on Feb. 19, admitted to entering the country illegally, and was sent back to Mexico, DHS says.