A drug smuggler has sued the United States after he was mauled by a Border Patrol dog while illegally transporting marijuana over the U.S.-Mexico border, The Daily Beast reported.

Jose Manuel Marino-Najera had joined a group of drug smugglers to cross the border to get to New York in search of work in June 2013. Since the 31-year-old father of three didn't have any money, the group had taken him on board free of charge only after he agreed to carry a backpack filled with marijuana across the border.

After crossing into the Arizona desert through an undesignated port of entry with the rest of the group, Marino fell asleep under a tree - and allegedly woke up with the Border Patrol dog biting on his arm.

Last week, Marino filed a claim against the U.S. in federal court claiming that the unleashed dog had attacked him when Border Patrol agents had approached another member of his group on June 21, 2013.

As the agents were apprehending and detaining the unidentified man for carrying drugs in his backpack, the unleashed canine had ran down the hill and mauled Marino's arm, according to The Week.

The agents "ignored his cries for help," allowing the dog to attack his arm for several minutes before putting the canine back on the leash, according to the claim. The incident was also witnessed by the man who was earlier being checked by the agents.

According to the lawsuit, since the Border Patrol agent handling the canine was acting within his duties as an employee of a federal government agency, the United States is liable for Marino's medical expenses as well as lost income, severe pain, and emotional suffering caused by the severe assault.

Even though the 31-year-old isn't a U.S. citizen, he can sue the country since he was in the U.S. at the time of the incident, Marino's attorney told The Daily Beast.

"When you're in this country, the Constitution applies to you," Bill Risner told The Daily Beast. "He can sue under the same circumstances that a U.S. citizen can sue if they're mistreated."

"The guy was harmless. To come up [north], this is what he did," Risner said, referring to Marino's backpack. "To let the dog chew on him and chew on him when he's screaming, that's wrong."

"I really only file these things when I think we've got a good chance of getting a recovery, or when it's outrageous enough that it really ought to be brought to a judge," Risner added. "To me, this one is outrageous."

Meanwhile, a Border Patrol spokesperson was unable for comment.