Alleged Calgary gangster deemed flight risk, remains in custody

A man ordered out of Canada four years ago will remain behind bars in Calgary as his deportation fight drags on.

The Immigration and Refugee Board ruled on Thursday that Tran Trong Nghi Nguyen, 26, who goes by the name Jackie Tran, will remain in custody as he appeals a deportation order.

Tran was arrested after he breached his 8 p.m. curfew over the weekend.

Police officers called to a stabbing outside a Kensington lounge early Saturday followed three men to an SUV. Because they were not suspects in the altercation, they were allowed to go, Const. Scott Bertrand testified Thursday at an IRB detention review.

Bertrand ran information from the IDs of two of the men through a police database, which identified them as gang members. He then saw Tran's photo and recognized him. Tran was subsequently arrested at his home for breaching his release conditions.

Tran's lawyer, Jolene Fairbrother, argued on Thursday that police only saw a man who was passed out in a car for a few seconds. She said the officer's testimony wasn't credible or sufficient enough to hold her client.

However, IRB official Otto Nupponen ruled Bertrand was an experienced constable who had made hundreds of prior arrests and was trained to recognize people.

Nupponen said Tran will stay at the Calgary Remand Centre because he broke his release conditions and is considered a flight risk.

On Oct. 21, Tran was released by the IRB on two $10,000 bonds and several conditions. Before that, Tran had been in custody since January when he failed to appear for an immigration hearing.

The bonds posted for someone's release is forfeited to the Canadian government if release conditions are not met, according to the Canada Border Services Agency.

Tran's release jeopardized public safety: police

The Calgary police and the CBSA supported keeping Tran in custody. Calgary gang investigators said previous attempts on Tran's life and his gang involvement created security risks for both him and the public if he was freed.

A permanent resident in Canada since 1993, Tran racked up a criminal record in Calgary that includes two convictions for drug trafficking and one for assault with a weapon, so immigration officials issued a removal order for him on April 20, 2004.

Earlier this month, Tran's appeals of the removal order led to a federal court ruling that granted him a new deportation appeal hearing.

That new appeal hearing has been adjourned until Nov. 20, and Tran is also scheduled for a detention review on Nov. 6.

At previous IRB hearings, Tran has pleaded his case as a hard-working glass cutter who earns $26,000 a year and has been paying taxes for the past seven years.