VANCOUVER British Columbia

Canada's federal court ruled Monday that an American army deserter can be deported to the United States, rejecting his request for a stay to the order.

Justice Anne Mactavish said that Robin Long did not provide clear and convincing evidence that he will suffer irreparable harm if he is returned to the United States.

Long, 25, fled to Canada in 2005 to avoid serving in Iraq. Officials said Long would probably be sent back to the U.S. Tuesday, following Monday's decision.

Long said he sought refuge in Canada because the U.S. army wanted him to participate in what he calls an "illegal war of aggression in Iraq."

Mactavish noted that although the percentage of American military deserters prosecuted for desertion has increased since 2002, the vast majority have not been prosecuted let alone jailed for desertion.

Last week, Canada's Federal Court granted U.S. National Guardsman Sgt. Corey Glass, 25, a stay to his deportation order while the court decides whether to hear his case. Glass refused redeployment to Iraq.

The two are among some 200 American deserters believed to be in Canada in an effort to avoid service in Iraq. So far, Canadian immigration officials and the courts have rejected efforts to grant them refugee status.

Copyright 2008 Associated Press