Jackie Tran, seen in 2008, has been granted an emergency stay of a removal order. (CBC)

A convicted drug dealer and alleged Calgary gangster who was scheduled to be deported this week has been granted an emergency stay.

Federal Court Justice Yves de Montigny granted Jackie Tran, 27, a stay on Saturday night, which will prevent his deportation for now, said Tran's lawyer, Raj Sharma.

His client is "pleased with the outcome," Sharma told CBC News.

Tran, whose birth name is Tran Trong Nghi Nguyen, has been fighting deportation since 2004.

The stay is the latest legal development since a removal order was issued five years ago after Tran was convicted on two counts of trafficking cocaine. He also has a conviction for assault with a weapon.

Sharma had called the application for an emergency stay an "extraordinary remedy."

In April, the Immigration and Refugee Board rejected Tran's appeal of the original removal order. Sharma subsequently filed a request for a judicial review of that decision.

Tran now cannot be deported pending a response by the Federal Court.

Montigny said the review request "clearly cannot be considered as manifestly without merit or frivolous and vexatious," thus agreeing with Sharma's application that the case is a serious issue.

Lawyer to argue IRB erred

The judge also ruled that the balance of convenience favours the applicant.

"Considering the number of years the applicant has spent in Canada, the harm he would face upon removal is much greater than any inconvenience to the respondent in delaying his removal until the application for leave and judicial review is finally determined," Montigny wrote.

If the Federal Court grants a judicial review, Sharma intends to argue that errors were made by the IRB in its appeal ruling.

Calgary police believe Tran is a member of a criminal gang mired in a violent feud with a rival group. Gang unit investigators say he is a target and therefore a threat to public safety.

Tran has denied any gang involvement, admitting only that he has friends who may have criminal ties.

Tran has been in custody since Tuesday when he was arrested for not appearing at a scheduled appointment with the Canada Border Services Agency, which was a breach of his release conditions.

Sharma said the next step is to work on Tran's release at a detention review scheduled for Wednesday.