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.
Intake
President & CEO
Michael Niren
Mr. Niren is CEO of VisaPlace LLC and the President and Managing Partner of VisaPlace Legal Canada, an immigration law firm based in Toronto, and VisaPlace Legal US a law firm registered in The District of Columbia, USA. Mr. Niren is a graduate of Osgoode Hall Law School in Toronto, a member of the Law Society of Upper Canada, the Canadian Bar Association’s Citizenship and Immigration Section, American Lawyers Association, and an Associate Member of the American Bar Association.
