Teen facing deportation loses bid for release
An 18-year-old Toronto high school student facing imminent deportation to Mexico has had his hopes for release dashed, according to his lawyer.
Immigration authorities picked up Daniel Garcia just before Christmas. He lost a bid for release at a detention review hearing Tuesday morning, said lawyer Guidy Mamann.
“Obviously it was a disappointment for him this morning,” Mamann said.
Garcia came to Canada when he was 15 with his sister Brenda Garcia, 30, who claimed refugee status and said she was persecuted in Mexico because she is a lesbian. The Garcias say they fled their home in Mexico City due to homophobic violence that saw Brenda’s partner shot and killed.
But their claim was rejected last December and although Daniel tried to fill out an appeal known as a Pre-Removal Risk Assessment with the help of a local librarian, he says he never received a response from immigration authorities.
The Canada Border Services Agency (CBSA) detained both siblings. Brenda was deported to Mexico on Monday, according to Mamann, who was retained to represent Daniel the same day.
Although Garcia’s next detention review hearing is set for Jan. 4, he might not be here for it as the CBSA is preparing to put him on a flight to Mexico within days, Mamann said.
The lawyer said he will prepare materials in the next day or two arguing that Garcia should be permitted to stay in Canada on humanitarian grounds.
“But of course those things are only going to be helpful if there’s a willingness to look at material before CBSA finishes their plan for removal,” Mamann said, adding that it is a challenging time of year as there aren’t many people working at the immigration offices.
Many of Garcia’s fellow students and several teachers at Parkdale Collegiate Institute have attended rallies to support him and — with almost no notice — several supporters showed up at the detention hearing Tuesday morning, Mamann said.
Dec 28, 2010 6:51 PM
Dec 28, 2010 6:23 PM
Canada Border Services has virtually no involvement in the refugeee process until after the Pre-Removal Risk Assessment. They are only the final enforcement arm. If you want the REAL culprits behind the years of waiting it takes to remove fake refugees look directly at the Supreme Court of Canada. If you want the one who empowered them look at Pierre Elliot Trudeau and his flawed Charter of Rights. If you want who inspired this whole mess, tag Lester G.Pearson. Ironic isn’t it that most of the fakes come through the airport named after him.
Dec 28, 2010 6:22 PM
Avoid tragedies – change refugee laws.
As long as our refugee system is openly inviting for abuse we will have such stories. I am very sorry for young person who has to be deported . I wish her to study , get good credentials and apply legally to immigrate to Canada.But I am more sorry for Canada who attracted many thousands of cheaters . It has to be straight : refugees deserve safety, not ecomomical benefits. Send them to third world refugee camp and process them abroad and not nessesarily resettle in Canada. It will stop terrorists , criminals, abusers and will free resourses to help real refugees.
Dec 28, 2010 6:21 PM
Chobert is an example the worst kind of immigrant
I don’t know if you just ignore that there are groups that can suffer persecution such as: journalists, members of police and army and business men who don’t want or can’t afford to pay for the extortion they need to pay the Cartels. Or simply you are a selfish person that wants to close the doors behind him. I doubt you really come from Mexico because I can’t believe there are people so egoist in this World, maybe I’m wrong and you’re an example.
Dec 28, 2010 6:15 PM
You fail to note that not all people meet criteria set by immigration;not all people have minimum amount of money to be eligible for migration. There wouldn’t be dishonest people abusing refugee system if it were as smooth as you painted to be. No, I’m not in any way condoning dishonest way of obtaining status nor am I accusing these two siblings of dishonesty;because I don’t know them personally to pass judgment on their case.
Dec 28, 2010 6:14 PM
People Again using the stupid arguments
Like saying that illegals are a burden to the US, this is FOX News and racist lies. Truth is that illegals are the force that has kept the American fields, construction working and many other industries working at a very low cost. Illegals have been used as a semi-disposable work force, when one got injured they just got fired and got another illegal. They paid way more to the American society racists want to recognize.
Dec 28, 2010 6:10 PM
There’s nothing missing in the story. It was stated in one another article that Daniel was living with his sister and her partner. He was 12 years old when he and his sister & partner, were sleeping over at a friend;’s home….that was when his sister’s partner was shot and died! If I recall correctly, Daniel and his sister left Mexico shortly afer that! To the posters here that says he can apply to immigrate once he’s back in Mexico…NO, he cannot apply for 10 years if he has been deported, and unless he has certain skills, he will not be accepted….no matter how many Mexican bodies are found spread everywhere! Canada has, or had, a list of countries from which people were accepted as refugees…one of those countries was Haiti, another was Afghanistan, don’t recall the rest, and don’t know if that list is still in effect now that we have Harper in Ottawa! It is very UNsafe to live in Mexico now, mostly because of the drugwars. I have a friend in Mexico, he and his Mother very reluctantly go out no
Dec 28, 2010 5:42 PM
If only the CBSA were always this efficient
I’m not taking sides here as I don’t know all the facts, and while same sex unions are legal in Mexico City, they are not across the country. In any case, I wish the CBSA, and the law, were only this efficient in deporting Jamaican criminals, Nigerians fraudsters, Muslim terrorists, etc. It amazes me how efficient they are when it comes to mere illegal immigrants who are working to get ahead. I’m not saying I agree with their methods, I don’t, but I do believe that the government’s efforts should be geared to deport those who commit crimes.
Dec 28, 2010 5:40 PM
Hasta La Vista Daniel !
Try going through the proper application process when you arrive back in Mexico City the 1st place in Latin America to allow Same Sex Marriage, where a million people attended the 2009 annual Pride Parade & who’s Mayor was selected the Best Mayor on the Planet for 2010 for his efforts on transit, Pollution, crime & Gay Rights.
Dec 28, 2010 5:37 PM
Illegal Aliens from Mexico?
Send them all back, lest we have the US problem of using billions of taxpayer dollars to support them via social services. I don’t care what country any illegal alien is from: They came here not giving one iota for our immigration laws=send them all back now! No one should be permitted to jump the queue-no one!