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 February 19.
The agency said Montes was once convicted of theft and sentenced to probation. DACA status is renewable every two years.
The federal judge who President Donald Trump tried to discredit for his "Mexican heritage" will be overseeing a case involving a controversial deportation, USA Today reported.
But the president chose to not revoke the DACA protections Obama had granted to more than 750,000 undocumented immigrants, repeatedly saying they had made new lives here and should be allowed to stay if they play by the rules. Trump has kept it in place and made sympathetic remarks about its beneficiaries, angering some immigration hardliners.
Montes' attorneys have challenged the Homeland Security Department to release documents pertinent to the matter. Immigrant rights activists say this new information raises questions about who is a priority for deportation under the Trump administration.
"I would respectfully suggest that, in this case, the facts are not completely out, so I would rather not jump to conclusions about what happened", he said.
District Judge Gonzalo Curiel has been assigned to handle the lawsuit involving a so-called "DREAMer" who was deported in February, the report said. "To me, it's one of the most hard subjects I have because you have these incredible kids".
"Just last month, Secretary Kelly promised me that no one with DACA would lose this protection unless they violated the terms of DACA".More news: Trump extends private-sector health care program for vets
When asked in January by ABC's David Muir whether those with DACA status should be anxious about deportation, President Trump said, "They shouldn't be very anxious".
The National Immigration Law Center, which represents Montes, stood by its account.
Montes filed a complaint yesterday with the U.S. District Court for the Southern District of California, saying that the government failed to provide documentation that explained the legality of his deportation.
One of the attorneys said Montes did not voluntarily leave the country.
Immigrants can legally be removed without a court case under a process called expedited removal if they're within 100 miles of the border and have been in the United States less than two weeks.
U.S. District Judge Gonzalo Curiel a year ago faced the wrath of then-presidential candidate Donald Trump, who demanded the judge recuse himself from the case. He is now staying with his estranged father in Mexico and working at a tortilla mill.
Montes has four criminal convictions-one for shoplifting and three for driving without a license-but these do not disqualify him from DACA protections.