MONTREAL - The brother of police shooting victim Fredy Villanueva is back in court, fighting charges of armed robbery.

The case against Dany Villanueva and four other men dates to June 2008, two months before the deadly struggle in a Montreal North park.

Villanueva and his co-defendants are accused of using a fake gun to hold up a man at a street corner in order to steal a gold chain.

Villanueva has had multiple run-ins with the law, which is why the government is pushing to have him deported to his native Honduras.

His deportation order came in April 2010 following his conviction for armed robbery in 2006.

Villanueva had appealed the deportation order by arguing his safety would be compromised in Honduras, but in August the courts denied the appeal.

His only hope to remain in Canada is by seeking a judicial review of the deportation order, making an application to Immigration Canada, or getting a risk assessment of Honduras.

Having a second conviction for armed robbery would make his bid to remain in Canada much harder.

Villanueva immigrated to Quebec with his brothers and sisters when he was 12 years old and became a permanent resident. His parents had moved here three years earlier.