lawyers for juan montez are telling a different story.wo different versions. >> in simple form this is all about a fight over how he got to where he got, and his argument is that he had legal status, and he was essentially revoked by the government and kicked out of the country. the government dhs in a statement said and you read from part of it that a, the border patrol has no record of encountering him and b, their view is that he did violate the terms of his parole, which was making basically a voluntary departure without notifying the government, which was one of the original obama era rules. this is what you see in court, a fight over not the law, not what should be the right immigration policy which the whole country is debating but a fight over the facts, what really happened and that's going to be tested in court. >> when it comes to the facts, what we heard from the white house from sean spicer over the last 24 hours was listen, we got to learn more about this case. essentially saying more might come out about this, not talking m

thank you for joining us, karen. >> thanks for having me. >> karen is representing juan montez. managing attorney at the national immigration law center. >>> coming up next, what the united ceo is now saying about the dragging incident and why his comments are, surprise, surprise, causing even more anger. (deep breath) ♪ (phone ringing) they'll call back. no one knows your ford better than ford and ford service. right now, during the big tire event, get a $140 rebate by mail, on four select tires. ♪ take 5, guys. tired of your bladder always cutting into your day? you may have overactive bladder, or oab. that's it! we really need to get with the program and see the doctor. take charge and ask your doctor about myrbetriq (mirabegron) for oab symptoms of urgency, frequency and leakage. it's the first and only oab treatment in its class. myrbetriq may cause serious allergic reactions. if you experience swelling of the face, lips, throat or tongue, or difficulty breathing, stop taking myrbetriq and tell your doctor right away. myrbetriq may increase blood pressure. tell your doctor

joining me now from miami, alan gomez, who broke the story about juan montez's deportation. leave the country and break the conditions of his immigration status? >> what he tells us he was picked up by pcp on the 17th, quickly brought back in three hours. a few days later, he tried to reenter the country, was caught by pdp and brought back again. they said they don't have any record of that. that the first time they encountered him was when he jumped the fence and came into the country skr, and by doing se would have left the country which would have gone against his child protection, so they deported him. >> how in the world is the judge going to hear this case? i'm sure you've gotten a ton of reaction. >> well, you can imagine what it looks like, but a lot of people are wondering if the judge snatched the case when it was filed, if it was assigned to him because of his history with president trump, but to be absolutely clear, that's not how these proceedings work. when you file a lawsuit in court, there is a rotating schedule of judges, and whenever a case comes in, the ne

any shot that juan montez's attorneys can get him back to the united states?>> it's very difficult once the person has left the united states, and there may be a shot, but it's not clear what that path would be. and especially probably an underreported part of this story is the immigration bureaucracy from the federal and immigration courts are jam packed. there's 500,000 backlog in the immigration reports alone. even if his attorneys refiled, we don't know when it would get in front of a judge. >> all right. thank you both for your time this afternoon. >> thank you. >>> some live pictures right now from 1600 pennsylvania avenue. it's a whole heck of a lot of hardware. pats' fans love to see that. the new england patriots at the white house, as we speak. but tom terrific, mr. brady, he stayed home. he didn't go. why? we'll talk about that after this. ing out in here. ing out in here. so if you need anything, text me. do you play? ♪ ♪ use the chase mobile app to send money in just a tap, to friends at more banks then ever before. you got next? chase. helping yo

juan montez who was deported back in february. >> they're at it again. second day in a row two russian bombers too close to the alaskan coast tuesday afternoon when they stayed international air space. the u.s. military did not send fighter jets to intercept them like they did on monday. they chose to track the planes r planes with an airborne warning and control system aircraft up until this week. russian bombers had not flown in that area since 2015. >> just ahead, a royal delight in rare sighting of victoria beckham's smile. you've never seen it before. plus one patriot's star crashes sean spicer's white house briefing you won't want to miss it, you're watching "early today." see me. see me to know that psoriasis is just something that i have. i'm not contagious. see me to know that... ...i won't stop until i find what works. discover cosentyx, a different kind of medicine for moderate to severe plaque psoriasis. proven to help the majority of people find clear or almost clear skin. 8 out of 10 people saw 75% skin clearance at 3 months. while the majo

protesters say his name is juan montez and he was deported in february.everal issues the group is upset about.i'm asking every single san franciscan to stand and say no ban, no wall, that's what we're standing for and hopefully the rest of california can do the same thing and then hopefully the rest of the united states. deportations in the united states are up this year. the president would like to ramp those up even more but recent reports show ice agents are behind when it comes to the caseloads they currently have. (ájustineá) this saturday will mark 100 days in office for president trump. to mark this he will hold a rally next weekend in harrisburg, pennsylvania. president trump also tweeted about the news saying quote-- "next saturday night i will be holding a ábigá rally in pennsylvania. look forward to it!" the announcement comes after president trump called the 100-day mark a "rediculous standard" for measuring the achievement of a new administration. the rally will take place on the same day as the annual white house correspondents' dinner-- whi

protesters say his name is juan montez and he was deported in february.f several issues the group is upset about. i'm asking every single san franciscan to stand and say no ban, no wall, that's what we're standing for and hopefully the rest of california can do the same thing and then hopefully the rest of the united states.(jr stone)deportations in the united states are up this year. the president would like to ramp those up even more but recent reports show ice agents are behind when it comes to the caseloads they currently have. (justine) new at 10.... north korea has detained a u-s citizen. the man was detained by authorities at pyongyang international airport as he was trying to leave the country. south korean's news agency reports he is a professor who has been involved in aid and relief programs to north korea. (sot) "the latest detention of this unamed american comes at a time of heightened tension on the korean peninsula with north korea vowing to conduct more banned missle test. and speculation that it may want to conduct a future nuclear test"

this involves a new legal case brought by this guy you're looking at, juan montez.ortedly the first so-called dreamer deported to mexico by the trump administration back in february. montez quafies for protection under theeferredction for childhood arrivals program. it's called daca. he's now suing the government for access to records explaining how he got deported. the judge selected to preside over the case is this man, curiel, who was assigned at random. now, you may remember that then-candidate trump repeatedly attacked curiel over his mexican heritage, as he oversaw the lawsuit against trump university. >> i have a judge who is a hater of donald trump. a hater. he's a hater. his name is gonzalo curiel. >> he's a mexican. we're building a wall between here and mexico. the answer is, he is giving us more unfair rulings. >> judge curiel, the so-called mexican, was born in the state of indiana. last month, he approved a $25 million settlement deal between trump university and students who say they overpaid for seminars that trump -- trump never admitted wrongdoing.

juan montez is 23.he name of judge, the president talked a lot about him during the campaign. >> i have a judge who is a hater of donald trump, a hater. he is a hater. h i think he should be ashamed of himself. i think it's a disgrace that he is doing this and i look forward to going before a jury. >> why did you refer to his ethnicity? >> because his heritage is mexican. >> why? >> i want to build a wall. i'm building a wall. i will do very well with the hispanics. >> so no mexican judge can be involved? >> he is a member of society very pro mexico. >> i want to build a wall. i'm going to build a wall. >> he was born in indiana. high is a federal judge appointed for life just like donald trump's sister, the federal judge. he provided over the trump university case. the court says the assignment was random and coincidal. that is our broadcast on this wednesday night. thank you for being here with us and good night from new york. massachusetts senator elizabeth warren is here tonight for the interview. s

. >> one of the cases in the news this week, many man, juan montez. he says he was picked up. back in from mexico. you to have any independent information on that? >> not really. the facts are? d in dispute. i've been trying to reach out to attorney general sessions and d.a. secretary kelly, what is their policy when it comes to the dreamers. we have a policies in place that today, the president has not changed. is it a policy of this president and this administration and this attorney general to abide by the daca policy that allows dreamers to continue to go to school, and work, and believe they're not going to be out there and apprehended by i.c.e. agents simply because they look like people not born here. if you can figure that out. >>ou the house of representatives. your former colleagues are facing a real decision on whether to exceed to the question by the president to fund the wall. general sessions say democrats are making a mistake. do you see any indications that they're prepared to give the president any of this funding. ? i'm still trying to figure out who believes

protesters say his name is juan montez and he was deported in february.veral issues the group says it is upset about. <(trevor palacio): i'm asking every single san franciscan to stand and say no ban, no wall, that's what we're standing for and hopefully the rest of california can do the same thing and then hopefully the rest of the united states.>( mark ) the group says they will remain vocal on these issues with more protests planned over the coming weeks. ( darya ) coming up. two officers attacked in the east bay. hear what a man did that put the officer's lives in danger. and later... why the president's border wall plans could end up shutting down the federal government this week. and before you open up a can of soup today - see why one brand could end up making you sick. and here's a live look outside...bay bridge. hey allergy muddlers are you one sneeze away from being voted out of the carpool? try zyrtec® it's starts working hard at hour one and works twice as hard when you take it again the next day. stick with zyrtec® and muddle no more®. oh no.

what's the white house reaction to the deportation of juan montez, a dreamer from california. apparently the first one to be sent back. >> that situation is evolving right now. there's a lot of things being looked at in terms of the circumstances surrounding that. i would ask you to stay in contact with the department of homeland security. >> the did president trump say -- >> again, i don't want to comment right now in the sense there are some circumstances regarding that i think that need to come out or be further looked into. i think getting ahead of that could be an issue. so i just respectfully i would say that i don't want to rush to judgment. i think there's a lot of additional details that are coming out about that issue and i think the department of homeland security is probably the best place to get updates. >> sean? >> helen. >> two topics. i want to ask about ga. two quick ones on that. is the president planning to campaign for the republican challenger there. >> will he go to georgia to get out the vote? >> i don't know. if needed i think the president will make su

>> reporter: 23-year-old juan manuel montez was supposed to be subject to the deferred action for childhoodigrants. >> border patrol detained him, put him in deportation proceedings and in a matter of hours and then without a single explanation, without an attorney, without a single piece of paper to let him know what happened to him, deported him to mexico. >> reporter: according to court documents, montez's attorney said she was walking to a taxi stand when he was stopped and questioned by border patrol. he was arrested for illegal immigration on april -- however the department of homeland security says it only has a record of that second encounter. reaction on capitol hill was split along party lines, iowa gop congressman steve king who has called for stronger restriction on immigration shared his thoughts on twitter, toasting border patrol with a picture of a beer mug writing, this one's for you. house minority leader nancy pelosi said in a statement, the trump administration is terrorizing patriotic young people who want nothing more than to live live, work and continue to enjoy the co

>> reporter: 23-year-old juan manuel montez was supposed to be subject to the deferred action for childhoodmigrants. >> border patrol detained him, put him in deportation proceedings and in a matter of hours and then without a single explanation, without an attorney, without a single piece of paper to let him know what happened to him, deported him to mexico. >> reporter: according to court documents, montez's attorney said she was walking to a taxi stand when he was stopped and questioned by border patrol. he was arrested for illegal immigration on april -- however the department of homeland security says it only has a record of that second encounter. reaction on capitol hill was split along party lines, iowa gop congressman steve king who has called for stronger restriction on immigration shared his thoughts on twitter, toasting border patrol with a picture of a beer mug writing, this one's for you. house minority leader nancy pelosi said in a statement, the trump administration is terrorizing patriotic young people who want nothing more than to live live, work and continue to enjoy the c

federal immigration agents sent a 23-year-old man juan manuel montez back to mexico that could be thedeportation of a person when was part of the ram that came to shield people from the u.s. that came as children. there was a lawsuit filed against the federal government in san diego to get records on montez who was detained by the border patrol. the law center says that he had permission to work and live in the u.s. in the program known as doca to protect people who were brought to the u.s. illegally as children. >>> a new study by the american lung association says the bay area is struggling to reduce air pollution in the face of climate change. a report shows a growing number of cars on the road and hot away has resulted in the skies filled with more and more soot. the bay area ranked within the 10 worst regions for pollution. the american lung association in california says the rain will help lower the levels of particle pollution but that is just a temporary fix. >> okay. all right. the time is 7:46. sal is doing what he can to handle our commute this morning. sal. >> yeah. you kn

. >> joining me is alen gomez from usa today and broke the story on juan manuel montez. it seems there's some gray areas in his case. >> gray areas it's safe to say that. we heard about his case. we wrote about the case and then we started getting reaction from the department of homeland security. what they initially said after we published the story is juan manuel lost his status so they could deport him and today they changed their story saying he had status but violated it by leaving me country. the attorneys said he was deported. that's the what we are facing and trying to get clarity. >> they're pushing back on the headlines and usa said it was a violation and all of the fault of dhs. his lawyers are saying he didn't leave the country without being forced to. how can we clear this up so we can get more clarity? is the judge in the case going to get information right away so we can figure this out and understand what the policy is going forward by the trump administration? >> exactly. a lot of this is going t on this federal lawsuit. basically the attorneys for juan

filed a lawsuit against the federal government yesterday in san diego to get the records on juan manuel montez. he was detained by the border patrol in february in the southern california border town of calexico. the law centers he had permission to work and live in the u.s. in that program known as the deferred action for childhood arrivals. ear daca, to protect people brought here illegally as children. >>> malaysia airlines introduced's new system to track the planes from space. this is three years after flight ml-370 mysteriously disappeared. they will see the flight path of the planes mapped out anywhere in the world and this is a plane's position that will always be known, even over remote oceans in the polar regions. malaysia flight 370 disappeared on march 8th, 2014, over the indian ocean. all 239 people on board are believed to have died. >>> and 6:26 is the time. protecting communities from big tobacco. and -- banned in san francisco. the groups that lawmakers say they're fighting for. >> and the warriors getting ready for the second play-off game against the trailblazers. we'll have

. >> now curiel will preside over the case over juan manuel montez.neak back in the united states and caught by border patrol agents. his lawyers claim he was improperly deported one day earlier. >>> okay. president trump heading to the treasury department later today. there he will sign executive orders aimed and targeted at the dodd-frank financial reform law. the president will direct treasury secretary steve mnuchin to review regulators authority on banks in trouble. he will ask him to label financial companies as risky and direct mnuchin to review tax relations ahead of next year. ahead of the meeting, the treasury secretary said whether health care gets done or doesn't get done. we will get tax reform done. we hope it won't take until the end of the year. it will be soon. very soon. wall street was happy to hear the words. you saw the reaction on the floor. dow zooming 174 points. holding on to the gains through the closing bell. the average is positive for the week. recovering from two days of 100--point losses. we are seeing green arrows this

now, you might remember 23-year-old juan manuel montez who was arrested two months ago trying to get back to the u.s. from mexico. he was deported after that attempt because dreamers lose their status if they leave the country. the montez says he was only in mexico because he was wrongly deported two days earlier. a lawsuit in the case is now pending. the protest in san francisco today was one of several across the u.s., all organized by the aclu. >> we have learned a candle is to blame for this 2-alarm fire that caused major damage to a sunnyvale home. we first reported this fire as breaking news last night at 11:00. fire fighters got a call of a burning tree right next to a two story home and crews got there flames were shooting out of a second story window. fire fighters were able to put out the flames before it spread to other homes. one person in the house got out before fire fighters could get there. >> well, it has been nearly two years since sheryl sandberg's h husband's sudden death in mexico. they are showing her healing process in a new book. our bay area revelations team

juan manuel montez says he should be protected under a program that shields people who came to the u.s. as young children. he is suing the federal government. >>> here in the bay area, there's a push to protect local children from president trump's immigration policies. jackie ward is live in the newsroom to tell us how they are spreading this message. >> reporter: more than 150 nonprofit groups in contra costa county are teaming up to protect immigrant children and families. they say they want to keep their children safe from the trump administration. according to first five contra costa a nonprofit children's service provider says nearly half of all children in their county have at least one illegal immigrant parent and they say because contra costa is the only one in the bay area renting jail space to i.c.e., they believe their families are at a high risk of being separated. president trump is once again using twitter to share his view on immigration. this morning he tweets, quote, the weak illegal immigration policies of the obama administration allowed bad ms- 13 gangs to form in

protesters say his name is juan montez and he was deported in february.veral issues the group says it is <(trevor palacio): i'm asking every single san franciscan to stand and say no ban, no wall, that's what we're standing for and hopefully the rest of california can do the same thing and then hopefully the rest of the united states.>( darya ) the group says they will remain vocal on these issues with more protests planned over the coming weeks. ( mark ) still ahead... a flight attendant hits a mother of two with a stroller at s-f-o. see what happens when one man stands up to confront the employee. plus... a california woman loses hundreds of dollars until a homeless man gives it back... what she's now doing to help him and his family. and after the break... madison bumgarner is out 2 months after a dirt bike accident.. why a ford commercial is making the injury sting even harder for giants fans. and here's a live look outside... richmond san rafael bridge. looking at the bay area traffic maps and updating drive times. it's busy on the roads this monday

as for the judge's current case, 23-year-old juan manuel montez says in february he was arrested and deported from a southern california city for no reason. when montez tried to reenter the country he says he was deported back to mexico. he has daca status which shields from deportation if brought here by their parents. he left the country without government's approval. in an interview overnight, montez' lawyer wouldn't respond to the flap over the judge but stressed her client will be vindicated. >> to this day he doesn't understand why he was deported even though he had permission to be in this country. >> reporter: the question now, will president trump take aim at judge curiel again in a case that's already become a legal flash point. >> that was kristin welker reporting. how did he wind up overseeing the first case of the first dreamer deported? according to the district court, it was totally random, luck of the draw. >>> in palo alto being prepared for floods got cheaper. the city's flood insurance plan was given a 20% discount. city manager telling mercury news that discount c

. >> now to the new legal battle over when i judge curiel will hear, juan manuel montez alleges thatovernment did not show documentation to explain why sending him back to mexico was legal. i'm back with alex eisen stat and tim carney. alex, i've tried a lot of cases, hung around the courthouse a number of years. we lawyers say horrible awful things about judges when we lose, but we're not president of the united states or attorney general of the united states. that's a big difference to me. >> absolutely. well, look, those clips that you were showing, trump's comments of judge curiel, that may have represented the lowest point of trump's general election campaign. i mean, you saw a massive shake up in his campaign after that point. this is really the low point. and you sort of saw him back off those comments at a certain point. but it's going to be interesting to see if he comments on this looming case because immigration was really the cornerstone of his campaign and you're actually seeing a lot of trump loyalists, a lot of people who supported him during the campaign getting i am

look at a case after d.r.e.a.m.er, 23-year-old d.r.e.a.m.er, by juan montez, if you have daca status,out him. it turns out this guy has trouble in his past. listen. >> you wouldn't expect some one here under the daca rules to be extra special cautious in terms of getting crosswise with our laws. he didn't. so he's gone. steve: he went on to say in a press conference the illegal actions, apparently had several convictions. driving without a driver's license, shoplifting. he left the united states without permission. that is when he got caught, climbing fence in southern california to come back in. >> come back in. i have to say i urge my friend, the president, to tread lightly when it comes to the d.r.e.a.m.ers. this guy was a shoplifter. i don't know, did you ever shoplift, ladies and gentlemen, people here in this studio, shoplift, one time? ainsley: maybe when you were two years old. >> you go through it. you get that. steve: if you're a d.r.e.a.m.er, there are special requirements. you have to follow the law. he did not. >> contrast this. you got that kid there, d.r.e.a.m.er, now y

. >> reporter: before curiel now a case involving juan manuel montez, a 23-year-old who illeg illegalmmigrated with his parents, a so-called d.r.e.a.m.er who under president obama received protected status and president trump said d.r.e.a.m.ers would also be protected. >> they shouldn't be very worried. i do have a big heart. we'll take care of everybody. >> reporter: immigration officials pushing back saying montez had left the country making him eligible tore deportation. now it's judge curiel who is in the middle. so, how did this case end up before this judge? are selected based on a rotating schedule. experts tell us this is basically a case, george, of legal rule loulette, a complete coincidence. >> we move on to secretary of state rex tillerson and his tough talk on iran. at a press conference he called the iran nuclear deal a failure. >> this deal represents the same failed approach of the past that brought us to the current imminent threat we face from north korea. >> our chief legal affairs correspondent martha raddatz is here. this came hours after they certified iran was c

. >> bill: new developments in the case of juan man well montez, 23 years old brought to the u.s. a child illegally in mexico at the moment and in a lawsuit is the first dreamer to face deportation. administration saying he was not actually deported. the judge will be an obama pointy judge -- the same judge who handled a trump university matter and repeatedly attacked by mr. trump during the campaign. what will give here? we're watching the story in l.a. is he or is he not a dreamer? >> a dreamer first of all is undocumented immigrant brought to the u.s. by their parents as a child. president obama created the dacha program five years ago to allow kids to go to school or work without deportation. the permit must be renewed every two years and you can't leave the country. montez claims in a lawsuit he was having lunch with a friend on the u.s. side when he was stopped by the border patrol. when he couldn't produce his dacha i.d. he had had it, he was deported. homeland security says that is not accurate. saying quote there are no records or evidence to support his claim that he was

juan manuel bojorkes. it could be a test. if i was an immigration lawyer it wouldn't be my choice though. they have a difficult case here because they lack these records of how mr. montezr-old treemer w dreamer was brought to the u.s. when he was nine and has daca protection until 2018. daca is the relief given by the obama administration to people brought to the u.s. as children. it was kept intact by president trump. montez' attorneys claim he was wrongfully deported on february 18th. according to dhs, that deportation never happened, saying in a statement in part, there are no records or evidence to support montez bojorquez's claim. >> that is not true. our client again has been very consistent, have you unequivocal that he did not leave the country of his own volition, but rather he was physically removed by border patrol agents. >> reporter: why is judge curiel in the middle of this immigration battle? he is presiding over the freedom of information act dispute over the release of the deportation processing documents. documents that could show if, in fact, the first dreamer was deported under trump's administration or if the dreamer left the country willingly, whi