The case is now before U.S. District Judge Gonzalo Curiel, presided over two of the three lawsuits involving the now-defunct Trump University.
That Curiel was assigned to the deportation case was a coincidence.
On Wednesday, the department said Montes lost his protected status because he left the United States without permission and was caught trying to re-enter the country.
A dispute over whether the USA government deported an undocumented immigrant with protected status heated up Wednesday, as the Department of Homeland Security released further details about the case.
No court date has been set.
Montes argues that the Due Process Clause of the 5 Amendment bars the government from denying him the liberty to live in the USA after promising to let him remain in the country. But he said he was deported in February anyway, despite that protection, after agents refused to let him get his paperwork.
Montes attorney Karen Tumlin said the border protection agency is incorrect and that federal documents show Montes' DACA was due to expire in 2018.
The case was assigned at random to Curiel, the Indiana-born judge whose impartiality was called into question by Trump previous year due to what the then-candidate called Curiel's "Mexican heritage". At least 10 DACA recipients are now in federal custody, United We Dream, an advocacy organization made up of DACA enrollees and other young immigrants, told USA Today.
On Tuesday, Montes, backed by the National Immigration Law Center (NILC), filed a lawsuit against 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. "I miss my job".
Juan Manuel Montes, 23, is believed to be the first DACA recipient to be deported, an unprecedented move that activists argue proves Dreamers are also targeted for deportation under the administration.
According to the lawsuit, Montes was sent to Mexico on February 17 after being stopped by a law enforcement official and asked for identification while walking to a taxi stand in Calexico, California, about 120 miles (190 kilometers) east of San Diego. "He was arrested by Border Patrol just minutes after he made his illegal entry", said the spokesman, "and admitted under oath during the arrest interview that he had entered illegally". As he told USA Today from Mexico, "Some people told me that they were going to deport me; others said nothing would happen".
President Donald Trump is about to come face-to-face with an old rival from the campaign trail.
According to the article, he told the officers he left his wallet in his friend's auto and, because he didn't have his ID or proof of his Deferred Action for Childhood Arrivals (DACA) status, he was deported.
News of Montes' deportation spread fast, prompting immigration rights organizations to launch a petition demanding that Homeland Security Secretary John F. Kelly allow Montes to return to the U.S.
Those convictions, however, are not serious enough to disqualify him from DACA protections, USA Today adds, citing the U.S. Citizenship and Immigration Services guidelines.