Jackie Tran could remain in Canada for up to another year, with his lawyer today applying for a federal review of his deportation order.Raj Sharma, who is representing Tran, said they are seeking a review of last week’s decision by the Immigration and Refugee Board tribunal, which dismissed Tran’s appeal of the five-year-old deportation order.The Federal Court likely won’t be able to hear the review for another six months to a year, said Sharma.In the meantime, the Canada Border Services Agency (CBSA) won’t be able to remove Tran to his native Vietnam, said spokeswoman Lisa White.“We can’t enforce (the removal order) until all levels of appeal and right to due process have been fully accorded,” she said.Last Friday, the tribunal accepted the testimony of Calgary Police Sgt. Gavin Walker and ruled that Tran is a member of an organized gang, which he denies.Tran had appealed to the tribunal on humanitarian grounds, arguing he is the sole source of support for his young sister and mother. Allegedly a member of the Fresh Off the Boat Killers, Tran was first ordered deported to his birth country on April 20, 2004, for serious criminality after being convicted of trafficking cocaine.Tran, also known as Nghia Trong Nguyen-Tran, first appeal of that decision was dismissed in January 2008.
Sharma said he believes there are sufficient grounds for the Federal Court to overturn the deportation order.“We’re really interested in Sgt. Walker’s qualification as an expert by the board — I think that is some fertile ground for us,” he said.“And, of course, the various findings that found Mr. Tran to be a member of a gang.“We’re arguing that... there are errors in this decision and the decision should not stand.”Meanwhile, CBSA are pursuing an organized criminality removal order, which will be handed to the Immigration and Refugee Board by May 1, said White, adding there is no appeal if Tran is found to be a member of a criminal group. Within the next 30 days, Tran’s legal team expects to file a record with the Federal Court that contains their arguments.Tran is currently released with conditions.