A former Winnipeg head-shop owner, recently deported due to his past association with the Manitoba Hells Angels, claims he was treated unfairly and wants his deportation order overturned.
In federal court Thursday, Alejandro Chung, 47, claims the Immigration and Refugee Board (IRB) failed to treat him fairly and its decision to declare him inadmissible to Canada and remove him back to his native Chile late last year should be rescinded.
He was not present in court. Immigration lawyer David Matas advocated on his behalf.
The federal government's decision to pursue his deportation came just after Chung successfully fought a drug case and was acquitted last fall.
Court of Queen's Bench Justice Doug Abra found Chung's rights were trampled by Winnipeg police when they illegally entered and searched his La Mota head shop on Portage Avenue in 2009.
Chung, who admits he was once associated with the Hells Angels as a hang-around and one-time prospect member, denies knowing it was a criminal organization.
He cut ties with the gang in fall 2011, because he was tired of all the police attention he was getting.
His knowledge of Hells Angels activities bears directly on the success of his immigration appeal, which comes by way of a judicial review of the IRB's decision to kick him out.
Matas argued Thursday the IRB failed to grant Chung's testimony the proper presumption of credibility when he swore under oath he was only hanging around with the gang to ride motorcycles and knew nothing about any criminal acts it may have been involved in.
Matas also charged the lawyer for Canada's public safety minister unfairly failed to cross-examine Chung on points that formed key parts of the government's closing submissions to the IRB member hearing the matter, Michael McPhalen.
Unless he was a full-patch member of the outlaw biker club, Chung would not have been made aware of any criminal activity the gang may or may not have been involved in, Matas told Justice James Russell.
The gang has a structured hierarchy of membership precisely geared toward warding off infiltrators, Matas said.
"They are deceptive. They have different signs (of membership) to protect themselves," said the lawyer. "Prospects don't see the internal workings."
Federal government lawyer Sharlene Telles-Langdon countered by detailing in depth for Russell sworn expert evidence given at Chung's deportation hearing by a Winnipeg police organized-crime detective.
Among what Det. Wes Law testified to at the prior hearing was his professional belief the Hells Angels don't allow people near the gang who don't bring some benefit to it.
"Their business is crime," Law testified, Telles-Langdon said.
Law told the IRB it's "common knowledge" now the Hells Angels is a criminal organization, and few, if any, people would believe it's just a club for motorcycle enthusiasts.
Chung "was on the program," Law told the IRB. "Every step on the way you're further involved, further trusted and further entrenched in their organization," he said.
"The board's decision was entirely fair and entirely reasonable," Telles-Langdon told Russell.
Russell reserved his decision.