The lawyer for a Jan. 6 Capitol breach defendant arrested in British Columbia earlier this month is seeking his client’s release and return to the United States after President Donald Trump’s pardons of Jan. 6 defendants.
Antony Vo, 32, has been in custody since the Canada Border Services Agency (CBSA) detained him at a ski resort in Whistler, B.C., on Jan. 6. Vo, from Indiana, had been sentenced to nine months in prison for entering the U.S. Capitol with his mother during the protests four years ago, but instead of reporting to jail, he left for Canada, where he applied for political asylum.
Vo was due to report to prison on June 14, 2024.
The CBSA initially told media Vo had been taken into custody because he was inadmissible to Canada and the agency had no record of him entering the country. His lawyer, Robert Tibbo, says his client didn’t come to Canada as an illegal immigrant, given that he entered the country as a refugee claimant.
Tibbo added his client should not be considered a flight risk, since Vo had a “very clear public presence,” referring to Vo’s frequent social media activity and his engagement with Canadian media.
The CBSA did not respond to The Epoch Times’ request for comment.
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The Immigration Refugee Board told The Epoch Times it has no public information to share in relation to Vo’s case. “This may reflect that the Board has no records regarding the subject of your enquiry, or that only private records exist,” the agency said in an email.
Tibbo says his client signed a form on Jan. 27 to drop his asylum request, and that his client should now be released and allowed to return to the United States, arguing Trump’s pardons apply to him.
Trump on Jan. 20 pardoned roughly 1,500 people and commuted 14 sentences in connection with the Jan. 6, 2021, incident. In his proclamation, the U.S. president ordered to “grant a full, complete and unconditional pardon” to all individuals convicted of offences related to the Capitol breach.
“We’ve made clear requests that he wants to go back to the United States, and his refugee claims are now withdrawn,” Tibbo told The Epoch Times. “He has a right to be released at this point, but CBSA may want to escort him to a U.S. border point.
“We’re waiting for CBSA to act on this,” he added.
Oluwadamilola Asuni, a lawyer with Crest Attorneys who assisted Vo in applying for asylum, told The Epoch Times his client has been kept “detained in Canada against his wish,” and that Trump’s pardons should have guaranteed his release.
Vo’s application for political asylum in Canada was received by the Canadian government on Dec. 2, 2024, according to documents Vo posted on social media platform X on Dec. 4. In his basis of claim, Vo argued the Jan. 6 Capitol breach was a “peaceful protest” and that protesters have been mistreated for their political beliefs.
Vo had been scheduled to attend an admissibility hearing for his refugee claim on Jan. 29, but Tibbo says such hearing should no longer happen given Vo’s withdrawal, and that his client should be returning home before then.
Vo was convicted of four misdemeanours in the United States in September 2023, including entering and remaining in a restricted building; disorderly conduct in a restricted building; disorderly conduct in a Capitol building; and parading, demonstrating, or picketing in a Capitol building.
The Canadian Press and The Associated Press contributed to this report.
