Villanueva's brother to fight deportation

Dany Villanueva, the brother of a young man shot by Montreal police, will appeal a deportation order handed down by the Immigration and Refugee Board on Wednesday.

Villanueva, 23, is being deported to Honduras because of his criminal record, which includes involvement with street gangs and an armed robbery conviction, for which he is now on parole.

During the hearing, which lasted only a couple of minutes, board member Louis Dubé said given Villanueva's conviction he had no choice but to order him expelled from the country.

Documents filed by the Canada Border Services Agency show he served 11 months after a 2006 conviction for armed robbery.

By law, permanent residents or foreign nationals can be expelled on grounds of serious criminality if they have been convicted of an offence punishable by 10 years, or for an offence where a sentence of more than six months is imposed.

Villanueva was stopped again last week on suspicion of drunk driving. Police said he failed a breathalyzer test and now faces charges of parole violation.

Following the hearing, Villanueva made no comment to reporters.

His lawyer, Stephane Handfield, has already given notice that he will appeal the ruling.

"Everything we tried to mount as a means of defence was refused," said Handfield.

Inquiry into shooting continues

Outside the hearing, protesters held a demonstration to express their support for Villanueva.

They also questioned the timing of the deportation request, which coincides with a coroner's inquest into the shooting death of Villanueva's brother, Fredy.

"We feel that if [Const.] Jean-Loup Lapointe never shot at Fredy Villanueva … Dany Villaneuvea [would] never face extradition from Canada," said Will Prosper of the group Montréal-Nord Républik.

Fredy Villanueva, 18, was shot dead by a Montreal police officer in August 2008.

He was in a park with Dany and friends when an encounter with patrolling officers escalated, ending with the shooting.

The death sparked a riot in Montreal North, where long-standing tension between police and residents in the multicultural, working-class borough has bred suspicion and distrust of authorities.

The elder Villanueva is a key witness at the inquest into his brother's shooting. He testified before the judge overseeing the inquiry earlier this spring and is expected to return to the witness stand.

The native Honduran moved to Montreal with his parents in 1998 when he was 12 years old.

Villanueva will not be put on a plane to Honduras any time soon. A spokesperson for the Immigration and Refugee Board said it could take a year or more before his appeal is heard.