A man police say is a known gangster will not remain in jail despite allegedly breaching conditions of his bail.

On Wednesday, Jackie Tran was arrested.

Police say he breached the condition of his release that required him to live with his mother.

Officers say Tran's mother was found living in Calgary Housing and not in the family home in McKenzie Towne.

The decision to release Tran came on Friday at a detention hearing.

The Immigration and Refugee Board says Tran's mother's decision to move into Calgary Housing was not Tran's fault.

"Your mother was put in a difficult position because Child Protective Services was not willing to allow your sister to remain in the same residence as you were living. In my view, your mother's decision should not impact you," said Geoff Rempel from the IRB.

The also said Tran did not breach his conditions.

The IRB says Tran can remain living at the McKenzie Towne home and does not have to live with his mother.