Judge whom Trump criticized now hearing key deportation case

  • U.S. District Judge Gonzalo Curiel. tns photo

Tribune News Service
Thursday, April 20, 2017

Last summer, U.S. District Court Judge Gonzalo Curiel of San Diego was thrust into the center of the presidential campaign.

Curiel presided over the lawsuit against Trump University and was heavily criticized by then-candidate Donald Trump in a way that some critics considered racist. Trump claimed Curiel’s Mexican heritage made him biased against Trump, who had railed against illegal immigration and Mexico during the campaign.

Now Curiel is back in the national spotlight, in a case involving President Trump and his immigration policies.

Q: What is the new case?

A: Curiel has been assigned the case of Juan Manuel Montes Bojorquez, 23, who claims he was wrongly deported to Mexico by border agents in Calexico in February. His lawsuit specifically seeks to force the government to release information about his case.

Montes, who came to the U.S. when he was 9 years old, has been allowed to live and work in the country since 2014 under the Deferred Action for Childhood Arrivals, or DACA, program, whose participants are often called “Dreamers.”

The Department of Homeland Security claimed Wednesday Montes no longer qualified for DACA protection.

Montes’ situation came to light Tuesday when he sued the Trump administration in U.S. District Court in San Diego. The civil suit alleges that he had been wrongly deported to Mexico by officials who refused to tell him why.

The suit claims the government is in violation of the Freedom of Information Act because no records have been released on Montes’ case, despite numerous requests, which is a violation of the statute. It asks the court to order the government to release those records.

Q: Who is Curiel?

A: Before becoming a judge, Curiel served as a narcotics prosecutor with the U.S. Attorney’s Office in San Diego, eventually rising to chief of the unit. From 1989 to 2002, he built a reputation as a tough, effective lawyer in charge of a special task force charged with dismantling the Arellano-Felix drug cartel — an assignment that earned him round-the-clock protection from the U.S. marshals for a year while under a death threat from the cartel.

Q: Why did Trump criticize Curiel?

A: Curiel is presiding over two class-action lawsuits filed against Trump over his now-defunct Trump University real estate seminars, for which some people paid up to $35,000.

Trump said Curiel was a “hater” and referred to the Indiana-born judge as a Mexican. “They ought to look into Judge Curiel,” he said.

Trump said Curiel’s ethnic heritage — his parents were Mexican immigrants — made him biased.

Trump also criticized Curiel’s membership in La Raza Lawyers Association, apparently confusing the professional organization with an activist group that goes by a similar name.