Canada Border Services is pursuing another avenue to get Jackie Tran deported.
The agency is trying to initiate another charge based on organized crime grounds and even though it's harder to prove, Tran will not be able to appeal the charge if convicted.
Police say Tran is a high ranking member of the FK gang in Calgary that is involved in a deadly street battle with rival gang FOB.
Tran was originally ordered deported in 2004 when he was convicted of drug trafficking.
He appealed that order and is still waiting for a decision from the Immigration and Refugee board.
The second charge means that the CBSA could have two deportation charges pending but that will allow them a fall back if the appeal on the first charge is successful.
"If he wins this case, his initial appeal on his criminality, the department would have a second deportation order that would go into effect and he would not be able to have the same avenues of appeal," said Criminologist, Kelly Sundberg.
The new hearing for Jackie Tran will be held March 4th and 5th.
