U.S. Blood Gang Member Murder Suspect gets Refugee Status

A teen wanted for murder in the United States has temporarily lost his bid to live freely with his uncle in Edmonton after federal officials asked for a review of a decision this week ordering his release.

In a ruling yesterday, Federal Court Justice Robert Barnes deemed "unreasonable" an order from the Immigration and Refugee Board (IRB) on Wednesday allowing Nasser Muhsin to walk free while the U.S. government seeks to extradite him.

Police in Nashville allege Muhsin was among three hoods who robbed the Omid Market in that city on Nov. 20, 2006.

They also accuse him of firing the shot that killed store owner Ebadolla Ghorbani.

Police have already arrested two other men in the case and have been seeking the teen's extradition since he entered Canada on June 27. He ended up in Fort McMurray, where he surrendered to police June 29.

Since then, the Canadian Border Services Agency has confirmed officials are holding him at the Edmonton Young Offender Centre while the deportation process takes place.

At a hearing Wednesday, however, the IRB ordered him released. In his affidavit, the teen, who has admitted affiliations to the notorious U.S. gang the Bloods, wrote he wants out of custody in order to pursue a refugee claim "on the basis that I will face risk to my life at the hands of the Bloods gang members since I had left them in about the summer of 2006."

In Wednesday's decision, IRB member Paul Kyba accepted Muhsin's argument he would pose no flight risk while staying in Edmonton with his uncle Abdulfatah Ali. He released the teen with no bail conditions other than a requirement that he live with Ali and report to immigration authorities twice a week.

Local lawyer Brian Hurley, the president of the Criminal Trial Lawyers Association, said it's not unusual for suspects undergoing extradition proceedings to be released from custody.

"It's really a case-by-case basis," he said, noting the decision depends on factors such as the seriousness of the crime and the likelihood the suspect will flee. He added that because the extradition process can take years, officials will often grant release to avoid keeping someone in jail for a long time.

In Muhsin's case, the federal Department of Public Safety is rejecting arguments that he doesn't pose a security threat and is unlikely to flee.

It's asking for a review of Kyba's decision, which Barnes temporarily put a stop to in yesterday's ruling. Besides calling the IRB order unreasonable, Barnes also said the conditions Muhsin was released on were "extremely lenient."

The court has yet to hold a full hearing into the review, however, meaning a judge could still uphold Kyba's order to release Muhsin.

In Nashville, Ghorbani's son Meysam is reacting angrily to news he could be released. "I've never been to Canada, but if they're going to let some murderer be free, that's messed up," he told WTVF-TV.

"This one especially because he's the one who shot my father," said the younger Ghorbani, who was at the store during the shooting. "He's the guy who just looked at my father and pulled the trigger for no reason."

Muhsin's lawyer, Simon Yu, couldn't be reached for comment on yesterday's ruling.