Villanueva admitted to being a member since 2002 or 2003 of the street gang the Bloods in Montreal North.

An immigration department lawyer tried to paint Dany Villanueva as an incorrigible scofflaw Wednesday, despite his claim of wanting to make a fresh start when released from prison in 2007.

Chantal Boucher questioned Villanueva, who is fighting deportation to his native Honduras, about more than a dozen incidents with police but for which the 24-year-old wasn't necessarily charged or convicted.

After months of testimony before a coroner's inquest into the 2008 police shooting of his younger brother, Fredy, Villanueva is now testifying at an Immigration and Refugee Board appeal hearing in a bid to stop his expulsion from Canada because of "criminal activity."

A permanent resident since 1998, Villanueva was ordered deported in April 2010 - in the midst of the coroner's inquest - because of a 2006 conviction for stealing a necklace and illegal possession of a firearm. He was sentenced to 11 months in jail but served nine.

Boucher said the order to deport Villanueva was made in 2008, before the police shooting, but immigration didn't proceed out of respect for the family who was in mourning over Fredy's death.

On Wednesday, Villanueva admitted to being a member since 2002 or 2003 of the street gang the Bloods in Montreal North. But since his brother was shot by Constable Jean-Loup Lapointe, Villanueva said he had his gang tattoo on his right arm covered over with another tattoo depicting a cross.

He also said he told his fellow gang members in 2007 that he no longer wanted anything to do with them.

"They said it was my decision and they didn't make me do anything to get out of it," he said. "I didn't hang around with them any more and went back to school."

Boucher pointed out that in October 2008, Villanueva broke a condition of his probation when he was caught in a car with a person he was forbidden to hang around with.

A year ago he was charged with driving under the influence, possession of marijuana and breaking conditions. The case has yet to be heard.

On Wednesday, Villanueva admitted he smoked pot last week, despite an order from the court to stay away from drugs and alcohol.

The hearing is to continue all week, with Villanueva's mother and sister testifying, as well as a Montreal police detective specializing in street gangs.

The immigration commissioner can either decide to accept the appeal and allow Villanueva to stay, reject the appeal and uphold the removal order or stay the deportation order temporarily to see if the person in question can respect certain conditions. If he can't, the case will return before the appeal commissioner.

The coroner's report into the shooting won't be released until a motion filed in Quebec Superior Court by Montreal police is heard. The force is asking that the safety mechanism on officers' service pistols not be discussed at the inquest.