TORONTO -- A high-profile American deserter has won a last-minute stay of deportation.
A Federal Court judge says Jeremy Hinzman can stay in Canada for now.
Hinzman was due to get the boot to the U.S. Tuesday morning, where he would face prosecution for fleeing to Canada rather than deploying to Iraq.
Ottawa has refused his family's application to remain in Canada on humanitarian and compassionate grounds.
The 29-year-old Hinzman, his wife and two young children asked for the stay while the courts decide if they will review that decision.
His lawyer argued today that deserters who have been publicly critical of the U.S.-led invasion of Iraq have received harsher punishment.
If it is true that he could receive harsher punishment, then it should be justified not to send him back.