Judge Trump called biased because of Mexican heritage will hear deported DREAMer case
U.S. District Judge Gonzalo Curiel will hear the case of the first DREAMer deported by the Trump administration, and if that name sounds familiar, it’s because Curiel is the same judge who oversaw the Trump University lawsuit. If you will recall, way back in May of 2016, the then-presumptive Republican nominee said the only reason the Trump University lawsuit wasn’t dismissed at some earlier date was because Curiel is “a hater” and that Curiel could not be impartial because he is of Mexican descent.
Curiel’s assignment to Juan Manuel Montes’ lawsuit is pure chance, as judges for the Southern District of California are simply given cases on a rotating basis. Montes, 23, was sent back to Mexico on February 17, the first person protected under Deferred Action for Childhood Arrivals (DACA) to be deported since Obama left office. On Tuesday, Montes sued the Trump administration, demanding U.S. Customs and Border Protection submit documents showing what legal authority they had to deport him.
In addition to calling Curiel a hater, Trump heavily implied during a rally that Curiel could not be impartial in the Trump University lawsuit because he “happens to be, we believe, Mexican, which is great. I think that’s fine.” Curiel was born in Indiana. About a week later, Trump doubled down on his claims, demanding Curiel recuse himself, saying there’s no way someone with Mexican heritage could possibly be impartial given that Trump wants to build a wall along the U.S.-Mexico border.
Once Trump hears about Curiel’s assignment, he will no doubt once again call for the judge’s recusal. Despite the original demand, Curiel did not recuse himself in the Trump University case, which Trump ended up settling, and probably won’t for this one either, according to an assistant professor at Boston College Law School.
“Simply being attacked by the President isn’t a conflict of interest,” Kari Hong told USA Today. “If that were the standard, the entire 9th Circuit Court of Appeals couldn’t handle a single case.”
Good thing that’s the case, too, otherwise Trump would grind the entire judicial branch to a screeching halt within months considering how often he gets sued and his penchant for shit-talking any judge that disagrees with him.
[USA Today | Photo: Getty]