A federal judge in San Diego yesterday agreed to dismiss the case filed by Juan Manuel Montes.
The suit was taxing for the 23-year-old, who is now living in Mexico, and he asked to drop it. But he stands by the claim that he was wrongly deported, said Marielena Hincapie, executive director of the National Immigration Law Centre, which represented Montes.
"His decision to voluntarily dismiss his case does not change that," she said.
The Department of Justice declined to comment on the case.
The program, which Trump announced last month he was ending, gave work permits and deportation protection to nearly 800,000 immigrants in the country illegally who were brought here as children.
Montes, who came to the United States when he was 9, has a cognitive disability that likely stems from a childhood brain injury, according to his lawyers.
Montes claimed that he was wrongly expelled in February from the United States, but the administration said he left the country voluntarily, causing him to lose his protected status under the program.
When Montes failed to produce identification, he says agents questioned him and drove him after midnight to the border with orders to walk into neighbouring Mexicali, Mexico.
Both sides agree on what happened next: Montes tried to return to the United States the next night by jumping the border fence in Calexico, was caught by Border Patrol agents and deported.
The Department of Homeland Security has said it has no record that authorities deported Montes two nights earlier and insists he crossed into Mexico voluntarily, violating a provision of the program that requires advanced permission to leave the country.
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