[Yogi]

Alberta
Setback for Calgary man fighting deportation
By SUN MEDIA

Last Updated: 2nd September 2009, 1:58am

CALGARY -- Days after a reputed gangster won an emergency stay in his long fight against deportation, a ruling has declared him an organized crime member, typically meaning automatic removal.

Immigration and Refugee Board member Marc Tessler's written decision ruled Jackie Tran "inadmissable" to Canada based on being involved in organized crime --a member of one of two groups who "have shocked the city of Calgary with their violent rivalry."

His report was dated Aug. 27, but released yesterday.

Immigration lawyer Raj Sharma, who on Saturday won an emergency stay of a deportation order handed to Tran in 2004, said he will have to look at how the latest twist in the five-year saga will impact his client.

"Obviously, it's a setback," Sharma said.

A Federal Court justice granted Tran, who was facing imminent deportation, a last-minute reprieve on the weekend.

That emergency stay meant Tran cannot be deported pending a decision on whether Sharma can make a case against the department of justice in Federal Court that errors were made in an earlier appeal ruling on Tran's 2004 deportation based on serious criminality. Sharma said he now has to determine how Tessler's ruling -- deportation based on organized criminality -- affects the stay ruling, adding there "is a distinct possibility," he will make another emergency stay application.

"It is important to note, there is no appeal to this," he said of Tessler's ruling.

"What supersedes what?

"At the end of the day, this may be a valid and enforceable removal order."

Canada Border Services spokesman Lisa White said the agency is reviewing the decision to determine what steps will now be taken.