Curiel is the same judge who presided over lawsuits involving Trump's for-profit company, Trump University.
Trump has been evasive regarding Attorney General Jefferson Beauregard Sessions III's dislike of DACA.
Even so, DACA enrollees are being targeted by immigration authorities.
The spokesman added, "His DACA status expired in August 2015 and he was notified at that time".
According to court documents submitted by his attorneys, Juan Manuel Montes was "arrested, detained, and physically removed" from the United States in the middle of the night on or about February 18, 2017, after he was approached by a Customs and Border Patrol agent while walking down the street in Calexico, California, on his way home after seeing a friend.
The lawsuit was brought on behalf of Juan Manuel Montes, a 23-year-old who was brought to the United States when he was 9 and is a resident of California.
Instead of allowing the young man to retrieve proof of his DACA protections and stay in the country, he was shipped back to Mexico - a direct result of Donald Trump's deportation escalation.
Following his deportations, Montes, along with his legal team, filed a FOIA request for CBP records related to his deportation, which they say are necessary for them to properly address his immigration status. Montes, who has learning disabilities sustained from a brain injury, then said he was taken into custody and presented with documentation he didn't understand.
Trump goes after leading Democrat in Georgia race
What's not in doubt, though, is that the race has turned into a bruising proxy battle between national Republicans and Democrats. For many it is seen as a referendum on President Trump and a sign of the Democratic Party's chances in 2018.
U.S. Customs and Border Protection said it doesn't comment on pending litigation.
"He was arrested by (Border Patrol) just minutes after he made his illegal entry and admitted under oath during the arrest interview that he had entered illegally", Hetlage told this newspaper in an email.
Several individuals who were previously recipients of DACA have been detained by DHS, but the agency has said their status either expired or was nullified by what they claim was criminal activity.
The attorneys said in the lawsuit filed in the Southern District of California that their client left the country February 17 only because he was 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.
Montes' defense claims he was given no explanation for his removal.
If Montes had active DACA status, he would be the first such recipient deported despite the protection. "We're going to take care of everybody". DACA is a very, very hard subject for me, I will tell you.
"It is beyond the pale that border patrol officers are left to make decisions that impact people's lives and future with absolute impunity".
He told ABC News in January that illegal immigrants protected under DACA "shouldn't be very anxious". In March, 22-year-old Daniela Vargas of MS was detained for two weeks after speaking out in a news conference against her father's detention.