Calgary gangster fighting deportation rearrested

A fight at a party led to the arrest of a convicted drug trafficker who was released from custody a week ago while awaiting a deportation hearing, Calgary police said on Wednesday.

Tran Trong Nghi Nguyen, 26, who goes by the name Jackie Tran, was arrested for breaching his 8 p.m. curfew, police said.

"Obviously, a complete disregard for the conditions … imposed [on him]," said Staff Sgt. Gord Eiriksson.

Police responded to a report of an altercation that spilled out of a private party at the Ten Lounge at the corner of Memorial Drive and 10th Street N.W. at about 1 a.m. Saturday, and found two men who were injured.

Paramedics took a man with stab wounds to hospital, while the other, who was slashed, left the scene, Eiriksson told CBC News.

'He is a known gang member. He is a violent person. Having him back in custody is certainly of satisfaction to us.' — Staff Sgt. Gord Eiriksson, Calgary Police Service

"There were several known gang members at this location," he alleged.

Officers saw several other men trying to leave the scene, and were able to stop one vehicle with three people inside.

One of them was Tran, who was supposed to follow release conditions imposed by the Immigration and Refugee Board.

Eiriksson said Tran was not involved in the stabbing incident.

He remains in custody at the Calgary Remand Centre, pending his deportation appeal hearing on Thursday, said Lisa White, a spokeswoman for the Canada Border Services Agency.

Fighting deportation order since 2004

Tran, who police allege is a gang member, has been fighting removal from Canada since 2004.

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 hearing. He was released on two $10,000 bonds.

At the time, Calgary police said they were worried Tran's release would attract violence from rival gangs, and involve innocent bystanders.

"Having Mr. Tran in the community is a concern for us for the public safety of citizens. He is a known gang member. He is a violent person. Having him back in custody is certainly of satisfaction to us," said Eiriksson on Wednesday.

Release conditions imposed

At a detention review on Oct. 2, the immigration board ordered Tran to follow a lengthy list of release conditions, including:

• Living with his mother.
• Remaining at his residence between 8 p.m. and 7 a.m., unless otherwise authorized by a Canada Border Services Agency officer for employment or a specific occasion.
• Not possessing any illegal weapons.
• Abstaining from illegal drugs.

Failing to abide by any of the terms and conditions would make him "subject to arrest and detention once again and in all likelihood, the bonds will be forfeited," according to transcripts of the immigration board decision.

2 hearings scheduled Thursday

Tran is scheduled for a detention review and a deportation appeal hearing on Thursday.

Eiriksson said the Calgary police and the border services agency will argue that Tran should remain in custody.

While Tran's appeals have dragged on for four years, Michael Greene, a Calgary immigration lawyer, said people need to understand that the deportation process is lengthy and considered.

"It's a balance. We are not an authoritarian society. This is not a dictatorship. We don't chop people's hands off. We don't stone them. We don't chop their heads off for an offence," he said.

"There is due process and when you talk about stripping somebody of their right to reside in Canada permanently, it's a very, very serious determination."