My friend is Mexican and has been detained by Canada Immigration: What can I do?

Mexican Arrest leads to Immigration Detention

Assuming that the reason for your Mexican friend’s immigration detention is because he or she illegal or has a criminal record, then your friend can appear before a Member before the Immigration and Refugee Board for a hearing. The hearing is called a Detention Review where the Member will decide whether your friend will be released or not.

Under the law, there is a right to a detention review within 48 hours of the arrest. Then if the person is not released, he or she has another chance within 7 days and then another 30 days thereafter.

Being Released from Immigration Detention

The Member, in making a determination for release, will consider the following factors:

1. Flight Risk

2. Identity

3. Danger to the Public.

It is always helpful to improve the chances of release if a bond’s person is offered to post a cash bond in support of the person detained.

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Michael Niren

About Michael Niren

Michael is a graduate of Osgoode Hall Law School in Toronto. He is a member of the Law Society of Upper Canada, the Canadian Bar Association’s Citizenship and Immigration Section and the Associate Member of the American Bar Association. Read more

The content and comments of this blog are not legal advise and and may not be accurate or complete. If you require legal advice, contact a licensed legal practitioner directly. If you post on this blog, you assume full responsibility for disclosing your identity to the public and VisaPlace nor its affiliates are not responsible for protecting your privacy nor your identity concerning your participation in our blog and you assume any risks in participating.

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