A convicted drug smuggler caught in the U.S. illegally with a backpack full of drugs is suing the U.S. because he says he was attacked by a Border Patrol dog.

Jose Manuel Marino-Najera’s attorney said that the man was walking through the desert for three days with a bundle of marijuana when he ran out of water and fell asleep. He claims that he then woke up with a Border Patrol dog on his arm.

According to his attorney, the dog was unleashed on his client, and Border Patrol agents ignored his cries for help. The attorney claims that the U.S. is now liable for the dog attack and damages, including medical expenses, lost income and emotional suffering.

The illegal immigrant is seeking up to $1 million in damages.

Neil Cavuto took on his attorney, Bill Risner, this afternoon.

“We’re talking about someone who broke into this country illegally with drugs. He is now suing taxpayers in this country, thinking that he is owed something from people he’s not,” Cavuto said.

Risner said his client spent six months in jail for the drugs, and that the attack on his client is no different than if it were an attack on a citizen. But Cavuto countered that Marino-Najera is not a citizen or even a visitor – he forcibly entered this country illegally.

Cavuto asked, “If I broke into your house and I tripped and broke my ankle on your stairs on the way up to empty out your wife’s jewelry chest, do I have a legal right to sue your ass?”

“No,” Risner said.

“Of course not, because I broke into your house!” Cavuto exclaimed.

Watch the heated exchange above.