Of every call I get, the ones about detention are the hardest, because they usually come from someone in a state of pure panic, a spouse, a sibling, a parent who just found out their family member has been detained by the Canada Border Services Agency and has no idea what happens next or how fast they need to move.

If this is you right now, take a breath. There is a process, there are timelines, and there are real options. Here’s what actually happens.

Why someone gets detained in the first place

Detention under immigration law isn’t criminal punishment, it’s a preventive measure. CBSA can detain someone if they believe the person is a flight risk, unlikely to appear for an immigration proceeding or removal unable to have their identity confirmed or in rare cases, a danger to the public. It can happen at a port of entry, after a failed refugee claim following a removal order or during an enforcement action against someone who has overstayed status.

The 48-hour mark

Within 48 hours of detention, the person must be brought before the Immigration Division of the Immigration and Refugee Board for a detention review. This first hearing looks at the reasons CBSA gave for detaining the person and whether continued detention is justified. This window moves fast, which is exactly why family members need to start gathering support documents proof of address, employment letters, and willingness of a bondsperson immediately not after the first hearing has already happened.

The 7-day mark

If detention continues past the first review, a second detention review happens within 7 days. By this point, the file usually looks different the Immigration Division wants to see whether circumstances have changed, whether alternatives to detention have been properly explored, and whether the person detained (or their representative) has come prepared with a real release plan not just a request to be let go.

This is often the hearing where a strong bond proposal makes the difference a bondsperson with stable status and income, a concrete address the person will live at and sometimes conditions like reporting requirements or electronic monitoring.

The 30-day mark, and beyond

After that, reviews continue every 30 days for as long as detention lasts. Each review is a fresh opportunity to argue for release and the Immigration Division is required to consider whether continued detention remains justified including whether the process is taking unreasonably long or whether there are more reasonable alternatives than continued detention.

A case that shows why preparation changes the outcome


I worked with a family whose son was detained after CBSA raised concerns he was a flight risk following a refused refugee claim. At the 48-hour hearing, with almost no preparation time, detention was continued and the family hadn’t yet secured a bondsperson or documented a fixed address. By the 7-day review, we had assembled a full release plan: a bondsperson (his uncle, a permanent resident with steady income and a documented, verifiable address), a signed lease showing exactly where he would live and a proposed reporting schedule to CBSA. He was released on conditions at that hearing. The difference between the two hearings wasn’t the facts of the case it was the preparation behind the release plan.

What families should do immediately

Find out which Immigration Division office is holding the review and when the first hearing is scheduled this information is time-sensitive and needs to be tracked closely.

Start identifying a potential bondsperson right away someone with legal status in Canada, a stable address and no immigration or criminal issues of their own that would undermine their credibility.

Gather documents proving ties, address, employment, family relationships, anything showing the person has genuine reasons to appear for future proceedings rather than disappear.

Get legal or regulatory representation involved as early as possible even hours matter when the first review is only 48 hours away.

Why I take these calls seriously, day or night

Detention cases move on a clock that doesn’t wait for business hours and an unprepared 48-hour hearing can set the tone for weeks of continued detention that a stronger release plan might have avoided. This is one of the areas I make myself available for urgently, because I’ve seen how much difference proper preparation makes between the first hearing and the second. If someone in your family has been detained reach out to me at Doorstep Immigration right away don’t wait for the first hearing to pass before getting help.

Doorstep Immigration
– Surrey Office #236, 8138, 128 Street, Payal Business Centre, Surrey, BC, V3W 1R1, Canada
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