The axe has fallen on Dany Villanueva.
The brother of Fredy Villanueva, shot dead by a Montreal police officer in Montreal North in August of 2008, is now subject to a deportation order pending an appeal.
The 23-year-old is a permanent resident of Canada, not a citizen, and has been faced with the prospect of deportation since he spent 11 months in jail for armed robbery in 2006.
On Wednesday his deportation hearing was brief, since the conviction cannot be disputed.
"I have no choice but to issue a deportation order," said Commissioner Louis Dubé. "He meets the criteria for major criminal activity."
Appeal has been launched
Villanueva's lawyer Stephane Handfield immediately launched an appeal, which he says will be based on humanitarian grounds.
"Why did it take four years for the government to make a move," asked Handfield.
Outside the hearing, supporters of the Villanueva family denounced the process, calling it a second penalty for one crime.
"He already lost his brother, now they want to deport him from Canada," argued Alexandre Popovic.
Others say the only reason the government wants Villanueva to return to his native Honduras is because of the death of his brother at the hands of police.
Initial notice came in 2008
However one month before Fredy Villanueva was shot and killed, Dany received a letter informing him he would face a deportation hearing.
Villanueva's case is further hampered by two pending trials: one for an armed robbery he allegedly committed in 2008, and another, dating from an arrest last week, where he was charged with impaired driving and drug possession.
"A person is innocent until declared guilty," said Robert Gervais of the Immigration and Refugee Board. "These are elements that could be looked at at the appeals division."
Villanueva will continue to attend and testify the inquiry into his brother's death, which resumes on Monday.
