Estrada v. Canada (Citizenship and Immigration)

Estrada v. Canada (Citizenship and Immigration)
Court (s) Database
Federal Court Decisions
Date
2010-08-11
Neutral citation
2010 FC 814
File numbers
IMM-4367-10
Decision Content
Federal Court
Cour fédérale
Date: 20100811
Docket: IMM-4367-10
Citation: 2010 FC 814
Toronto
,
Ontario
, August 11, 2010
PRESENT: The Honourable
Mr. Justice
Shore
BETWEEN:
JAIME CASTRO ESTRADA
Applicant
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
THE MINISTER OF PUBLIC SAFETY
AND EMERGENCY PREPAREDNESS
Respondents
REASONS FOR ORDER AND ORDER
(Rendered on the Bench August, 10, 2010)
Introduction
[1] This is a motion for a stay of removal of the Applicant scheduled for August 21, 2010.The Applicant has shown disregard for the Canadian immigration system.He has not approached the Court with clean hands.Therefore, the motion is dismissed.
Background
[2] The Applicant failed to appear for an interview with Canadian Immigration officials on March 15, 2010.A warrant was issued for his arrest.Only after the Applicant’s arrest did he appear before Immigration officials.At the time of his arrest, the Applicant was also working without authorization.His arrest is attributed to an investigation by an Immigration task force.
[3] Subsequent to an undisputed Federal Bureau of Investigation (F.B.I.) report, it is important to recognize additional lack of clean hands arguments.The claimant used aliases.Between 1992 and 1999, the Applicant was arrested five times, once for carrying a prohibited weapon, four times for possession of cocaine with intent to distribute and three of those times with 500 grams or more of cocaine.
[4] In regard to the above, the Applicant was sentenced twice to 57 months, plus 5 years of supervised release.
Analysis
[5] A stay of removal is an extraordinary and discretionary measure.This Court does not grant relief if an applicant has shown disregard for Canadian immigration laws, or does not have clean hands in regard to Canadian authorities (Brunton v. Canada (M.P.S.E.P.), 2006 FC 33).
Conclusion
[6] Therefore, due to all of the above, this Court has decided not to entertain the motion for a stay of removal.
ORDER
THIS COURT ORDERS that the motion, on its inherent basis, not be heard.
“
Michel
M.J.
Shore
”
Judge
FEDERAL COURT
SOLICITORS OF RECORD
DOCKET: IMM-4367-10
STYLE OF CAUSE: JAIME CASTRO ESTRADA v.
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
THE MINISTER OF PUBLIC SAFETY AND
EMERGENCY PREPAREDNESS
PLACE OF HEARING:
Toronto ,
Ontario
DATE OF HEARING: August 10, 2010
REASONS FOR ORDER
AND ORDER: Shore J.
DATED: August 11, 2010
APPEARANCES:
Clifford Luyt
FOR THE APPLICANT
Kevin Doyle
FOR THE RESPONDENTS
SOLICITORS OF RECORD:
Clifford Luyt
Barrister & Solicitor
Toronto
,
Ontario
FOR THE APPLICANT
Myles J. Kirvan
Deputy Attorney General of
Canada
FOR THE RESPONDENTS