TORONTO - A high-profile war dodger is hoping Ottawa will reconsider its decision to send him back to the United States.

Jeremy Hinzman's lawyer told a Federal Court judge in Toronto today that an immigration official made a mistake in rejecting his application to let him stay on humanitarian and compassionate grounds.

The lawyer said the official did not properly consider the hardship Hinzman and his family would face if they are forced to go home.

Hinzman deserted the U.S. military to avoid deployment to Iraq, arguing the war there was illegal.

He faces court martial and possible imprisonment if returned.

The government's lawyer says it would be wrong to let the family's potential hardship trump the fact that Hinzman will have to face the music for his own actions in the United States.