PORTLAND (AP) – A former U.S. Marine who is danger of being deported to his native Cambodia because a probation violation is back in jail.

Touch Rin Svay, 25, waived his right to a bail hearing when he appeared before a judge Wednesday. He faces 30 to 60 days in jail for his probation violation.

A gubernatorial pardon that would have staved off the Portland man’s deportation is off the table following Sept. 14 arrest for violating probation. Svay is accused of drinking alcohol and also driving, both in violation of probation, his lawyer said.

Svay also failed to inform his probation officer of a change of address when he spent several nights in a hotel.

He was on probation following a 2002 vehicular manslaughter conviction.

Gov. John Baldacci was prepared to sign an order pardoning Svay, preventing his permanent deportation to Cambodia.

But after Svay’s arrest by his probation officer, the governor said he was reconsidering.

“The governor is going to wait to make a decision,” Lee Umphrey, Baldacci’s spokesman, said Wednesday. “The chance of a pardon is off while the legal proceedings move forward.”

A hearing on Svay’s probation will be scheduled by the court, said Anthony Sineni, the lawyer who represented him Wednesday.

AP-ES-09-23-04 0820EDT

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