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
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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