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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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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

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