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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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.

Tags: Mexican friend -Amego Mexican immigration to canada

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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