Kimberly Rivera is seen with her husband Mario, son Christian, 6, left, daughter Katie Marie, six weeks, middle, and daughter Rebecca, 4, in this handout photo. (Courtesy of War Resisters Support Campaign)

A U.S. war resister scheduled to be deported from Canada on Tuesday has been granted a temporary stay of removal by the Federal Court.

Kimberly Rivera, reportedly the first U.S. female war deserter seeking asylum in Canada, has been living in Toronto with her husband and children since 2007. She arrived in the country from Texas with her husband and two children. She gave birth to a third child in November.

Supporters had hoped immigration officials would allow Rivera to stay in Canada because her youngest daughter, Katie Marie, was born in Canada.

But the Canada Border Services Agency overturned her appeal and ordered her to leave Canada by Jan. 27.

The Federal Court told Rivera's lawyer last Friday that she would be granted a temporary stay of removal while the court decides whether to hear her case, said Ken Marciniec of the War Resisters Support Campaign.

The Federal Court ruled the decision to deport Rivera breached procedural fairness and failed to take into account the needs and best interests of the Rivera children and is now considering whether to hear a full appeal.

Marciniec said he doesn't know how long it will take the court to decide Rivera's fate.

Rivera served in Iraq with the American military in 2006 and moved to Canada the following year after she refused deployment.

She had requested to be allowed to stay in Ontario on humanitarian and compassionate grounds.

Rivera told her appeal hearing earlier in January that her experience in Iraq left her emotionally scarred and unable to face another tour of duty.

With files from the Canadian Press