Wednesday May 23 2012

US war deserter got relief

After a long fight, the US army deserter has won a last-minute stay of deportation.

Federal Court Judge Richard Mosley said on Monday that Jeremy Hinzman can stay in Canada by the time the court decides, if or not he can appeal his deportation order.

After a long fight, the US army deserter has won a last-minute stay of deportation.

Federal Court Judge Richard Mosley said on Monday that Jeremy Hinzman can stay in Canada by the time the court decides, if or not he can appeal his deportation order.

Moments after the decision was released, Hinzman said that he is overjoyed as he wasn’t expecting this. He said that it is a very nice surprise for him. But, he added, it’s not over yet as this is just a stay over the deportation.

Had the decision not been made, Hinzman, 29, would have been deported to the US on Tuesday morning, where he would have faced prosecution for fleeing to Canada rather than serving in Iraq. He had served three years in the US army and was one of the first US deserters to seek refugee status in Canada.

It is believed that more than 200 American deserters came to Canada in order to avoid service in Iraq. So far, the Canadian immigration officials and courts have not granted them refugee status.

In the month of July, Robin Long of Boise, Idaho, became the first US war deserter to be deported to the US by the Canadian authorities. Last month, he was sentenced to 15 months in the military prison of the US.

Before this, Canada has refused Hinzman’s family’s application to allow them to stay in the country on humanitarian grounds. Following this, Hinzman asked for the stay while the court decides on reviewing the decision.

Mosley said in his three-page endorsement that based upon the evidences and submissions that he saw, he is satisfied that if the stay is not granted then they would suffer irreparable harm.

If Hinzman returns to the United States then chances are that he would be court-martialed and could even face up to five years in prison. Last month, the Border Services Agency of Canada ordered Hinzman to leave the country by September 23. The Border Services Agency said that he is unlikely to face any undue hardships after his deportation to the US.

In 2005, the Immigration and Refugee Board rejected his claim for refugee status and even the Federal Court of Appeal held that if he is returned to the US, then he would not face any serious punishment.

The lower house of the Canadian Parliament passed a non-binding motion in June that allowed the US war deserters to stay in Canada, but the conservatives did not care for the vote.

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