Stopping an imminent deportation

Bjorn and I attended at the Federal Court earlier this week to seek the stay of removal for one of our clients. We were successful. Our client, a 21 year permanent resident of Canada received a removal order for passing a bad cheque (I do not joke). On some really bad advice from a non immigration lawyer, he did not appeal the order. We filed the notice of appeal with an extension of time request which was refused (improperly in our view) and we sought judicial review if that decision. CBSA sought to remove our client on Monday prior to the JR.

We relied (in part) on the stay we received in the Jackie Tran in 2009. A news radio broadcast from that busy week is attached:

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Mike:	Refugee board for reputed gangster Jackie Tran, one of countless hearings, and appearances, that have been going on for the past 5 years, since Tran was ordered deported from the country. Still fighting deportation to his native Vietnam. CHQR's Aurelio Perri covering this case today. Aurelio, thanks for joining us this afternoon.
Aurelio:	Hi there Mike.
Mike:	Now Tran is going to stay behind bars for now, until what? One of two things are going to happen here. He'll either be deported or he's got yet the possibility of another review?
Aurelio:	What's going to happen now is that he's been ordered detained in custody. He is going to be deported in the next week. We can't give you the exact date, that was put under a publication ban, but it's going to be within the next week. However, in the mean time, his lawyer is asking for a judicial review of the deportation order. He's asking for a stay of the deportation until that has happened. Now is happening tomorrow after. If the judge says, "Yes," well then he's here until that review is heard. However, if the judge says no, then the deportation will continue, but the judicial review can still continue.
Mike:	All right, now can the ... Can Canada Immigration, can Canada Border Services, can they deport him before this judicial review takes place?
Aurelio:	Yes they can. If the judge doesn't grant a stay for the judicial review, they can deport him, then you can have the judicial review. If the judge then sides with Tran, he actually then can come back here.
Mike:	Okay, so let's say they do this judicial review, this hearing is suppose to be ... I guess to seek a judicial review will be held tomorrow?
Aurelio:	This is a stay. This is basically a stay, like don't deport the guy until we have a judicial review. This is still not the judicial review, we're asking for one tomorrow. That process is under way as well.
Mike:	All right, I guess what I'd be wondering, is could they deport him tonight?
Aurelio:	No, because they've arranged other things to do. It's at a certain time, and a certain place, so he had to have all the travel documents in place, you book an airline ticket, et cetera, et cetera, so that isn't going to happen. It's within the next week, but not tonight.
Mike:	Okay, now his lawyer, Raj Sharma, has essentially said that they don't believe they've exhausted all legal avenues. Does this client put a long legal street, if that's the case?
Aurelio:	Right, and he's also saying, "Well, immigration and refugee board issued this 5 years ago, and they really haven't started to act on it until just recently." It was actually in fact first week of April this year that the actual deportation came down, that boom, you've got to go.
Mike:	There's also, I believe, that his lawyers used the defense that because he was taken into custody earlier this week, after breaching some conditions of his release, and essentially saying that his client, Jackie Tran, didn't really understand the importance of this particular hearing on Tuesday.
Aurelio:	Right, and the immigration refugee board member almost sided with it because of the fact that the person Canada Border Services called a number and got a different man on the phone that they got, and didn't leave a voicemail. The person then contacted Jackie Tran's girlfriend, told her, "Hey he's suppose to come down here. Come down about 8 o'clock, because then you won't get into rush hour traffic." He says he didn't take from that, that it was urgent. However, what was waiting for him was his walking papers, basically."
Mike:	All right, well we'll see where this goes. The never ending saga of Jackie Tran continues. I really appreciate you doing this this afternoon.
Aurelio:	Thank you Mike.
Mike:	CCQR's Aurelio Perri, it's now 5:21 ...