BUFFALO (AP) - A former U.S. Army sergeant from Buffalo who has been living in Canada as a war resister is being told he must leave Canada or be deported.

Patrick Hart learned last week that, like other soldiers before him, his application for refugee status has been denied.

The Canadian Border Services Agency also turned down a request by Hart and his wife to stay in Canada with their 6-year-old son on humanitarian and compassionate grounds. The family must leave Canada by Oct. 30.

Patrick Hart had been in the Army 9½ years before going to Toronto in 2005 while preparing for a second deployment to the Middle East. He says he feels the U.S. presence in Iraq is morally wrong.

Hart's attorney, Alyssa Manning, says she will appeal the Canadian government's decision.