The Immigration and Refugee Board has ordered Jackie Tran to be released from jail.
The 26-year-old, who police say is a known gang member, is fighting a deportation order and was locked up after allegedly breaching his curfew.
During the hearing, a police officer testified he saw Tran outside a private party in the community of Kensington. But Tran's mother and girlfriend testified he was at home at the time. Tran's friend, Shawn Roberts, also said police had mistaken him for Tran.
On Friday afternoon, the Immigration and Refugee Board decided the evidence was conflicting and they ordered Tran to be released.
Tran's deportation appeal hearing is set for November 20th.
