Toronto student facing deportation from Canada

Community rallies around student facing deportation from Canada

An 18-year-old student in Toronto is facing deportation from Canada back to his native Mexico. About four days ago, Daniel Garcia was detained when asked for identification during a random police check. Garcia came to Canada in 2007 and applied for refugee status with his sister, saying that they were facing persecution and may be killed in Mexico.

These refugee claims were denied, but then Garcia applied for an extension of the refugee claim, or a pre-removal risk assessment. Unfortunately, this pre-removal risk assessment was not filled out correctly. After his immigration lawyer died between the initial filing of the refugee claim and it being rejected, Garcia had employees at his local library help him fill out the forms. He never received a response.

Several community groups and non-profit organizations have held rallies in support of giving Garcia more time to make his case.

Sister also facing deportation from Canada.

Garcia’s sister was expected to be deported on Monday. Garcia’s sister is gay, and her partner was shot to death in Mexico. According to Garcia, word has already spread throughout Mexico City about their pending deportation from Canada, and they have already been threatened with death.

Numerous news articles on the case have interviewed lawyers and activists who all have said that the holidays are an opportune time for deportation from Canada, because most people are not working and it can be difficult for those facing deportation from Canada to get ahold of lawyers or other people who could help them.

Not a very flattering commentary on the CBSA I would say.

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Any information provided here does not constitute legal advice and is intended for general information only. Should you require legal advise, you are encouraged to contact a lawyer directly. All blog postings are public and are not subject to solicitor/client confidentially. Case results depend on a variety of factors unique to each case, and case results do not guarantee or predict a similar result in any further case undertaken by the lawyer.

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 American Bar Association. He is frequently called upon to appear in the media to discuss Canadian and US immigration issues effecting North Americans. He has been interviewed by Canada AM, CTV, Canada News Net, the Globe and Mail and the Toronto Star and has given lectures on immigration topics overseas.

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