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Immigration Detention and Detention Review
Being detained by the Canada Border Services Agency (CBSA) is one of the most urgent immigration emergencies a person can face.
Immigration detention can happen suddenly at Calgary International Airport, at a land border, or after CBSA enforcement action in the community. If you or a loved one has been detained in Calgary or anywhere in Canada, it is critical to act immediately.
Detention review hearings move quickly. In many cases, there may be less than 48 hours before the first hearing takes place.
Shory Law LLP assists clients across Alberta and Canada with immigration detention and detention reviews.
Why does CBSA detain someone under immigration law?
CBSA may detain a foreign national or permanent resident for reasons that can include:
- concerns that the person will not appear for immigration proceedings or removal
- questions about identity or lack of documentation
- allegations of criminal inadmissibility
- concerns about public safety
- enforcement of a removal order
Detention is not a criminal conviction, but it is a serious enforcement measure that can result in continued custody if it is not addressed properly and quickly.
What is a detention review hearing?
When someone is detained, detention is reviewed by the Immigration Division of the Immigration and Refugee Board of Canada (IRB).
The purpose of a detention review hearing is to determine whether:
- detention should continue, or
- the individual can be released under conditions
These hearings are time-sensitive and require proper preparation, evidence, and a realistic release plan.
For related litigation and judicial review support, see refusal of a decision (appeals and judicial reviews.)
When does the first detention review happen?
A detention review is scheduled within 48 hours of detention.
If release is not granted at the 48-hour hearing:
- another review takes place after 7 days
- if detention continues, another review occurs after 30 days
- after that, detention is reviewed every 30 days moving forward
Because the first hearing happens quickly, early legal preparation can significantly affect the outcome.
What happens if you lose a detention review?
If the Immigration Division orders continued detention, the person remains in custody until the next review date.
Losing the first hearing does not mean release is impossible. Many individuals are released at later hearings when a stronger release plan is presented.
Common issues that must be addressed in a detention case can include:
- alleged danger to the public
- alleged flight risk
- identity concerns
What can help you get released from immigration detention in Calgary?
A successful release plan is fact-specific, but it often includes:
- a reliable bondsperson located in Calgary or Alberta
- proof of stable housing
- evidence of employment or community ties
- family responsibilities
- medical or humanitarian considerations
- identity documentation
- a clear compliance plan for any release conditions
Preparing these materials early is important because the detention review timeline is tight.
What is a bondsperson, and why is it important?
Many people can be released if a credible alternative to detention is presented.
A bondsperson (sometimes called a surety) is a person in Canada who can support release by:
- supervising the detained individual
- helping ensure compliance with reporting or other conditions
- providing financial assurance where applicable
- demonstrating strong community support and stability
A Calgary-based bondsperson with stable employment and a clear supervision plan can strengthen a release package.
Can immigration detention be connected to deportation or removal?
Yes. Detention can occur alongside removal enforcement, especially where there are concerns that a person may not comply with a removal order or may not appear as required.
If a removal order is also involved, learn more on our fighting removal from Canada page.
If misrepresentation is part of the detention/removal context, please see our misrepresentation page.
If there are humanitarian factors, visit our page on humanitarian & compassionate applications.
How Shory Law LLP helps clients detained by CBSA in Calgary
Immigration detention cases move quickly, and preparation must often happen immediately.
- representing clients at detention review hearings
- preparing bondsperson and release plans
- addressing flight risk, identity, and public safety allegations
- coordinating with family members and community supporters
- assisting with related immigration litigation when required
FAQs
Frequently asked questions about immigration detention in Calgary
What should I do if CBSA detains a family member in Calgary?
Call an immigration lawyer immediately. The first detention review hearing happens within 48 hours, and a release plan often needs to be prepared right away.
Where do immigration detention hearings happen?
Detention review hearings are conducted through the Immigration Division of the Immigration and Refugee Board of Canada (IRB). Counsel can appear to present evidence and argue for release.
Can CBSA detain someone at Calgary International Airport?
Detention can occur at ports of entry, including airports, when identity, admissibility, or enforcement concerns arise.
How can someone be released from immigration detention in Alberta?
Release may be possible with a strong alternative-to-detention plan, including a bondsperson/surety, stable housing, identity documents, and compliance conditions.
How long does immigration detention last in Canada?
Detention is reviewed within 48 hours, again after 7 days, and then every 30 days. Some individuals are released quickly, while others require multiple hearings.
Can immigration detention lead to deportation?
Detention may be connected to removal enforcement in certain cases.
Speak with a Calgary immigration lawyer immediately
Immigration detention is urgent. The first detention review happens within 48 hours, and delays can reduce the likelihood of release.
If you have been detained by CBSA or need help for a loved one in Calgary, contact Shory Law LLP.
