A Canadian refugee claimant, Mahin Shahriar, is currently in U.S. Immigration and Customs Enforcement (ICE) custody after accidentally crossing into the United States. The Canada Border Services Agency (CBSA) has stated that he is permanently barred from re-entering Canada without legal authorization. Shahriar, a 27-year-old Bangladeshi national, had been living in Canada since 2019. He claims he inadvertently crossed the Canada-U.S. border in May and has since been detained in Buffalo, New York. His lawyer, Washim Ahmed, plans to present Shahriar's case to the Federal Court on Thursday, seeking a judicial review of how the CBSA has handled his refugee claim. Ahmed expressed concern that Shahriar could be deported back to Bangladesh, where he may face imprisonment and potential torture. In an email dated October 17, Ahmed stated, "We are in the process of obtaining certified court documents confirming these charges. These records indicate that Mahin faces a serious risk of imprisonment and torture if returned." Shahriar is facing obstruction of justice charges for allegedly assisting his mother and younger sister in fleeing Bangladesh. Following his parents' separation, Shahriar, along with his mother and sister, sought refuge in Canada. Ahmed noted that while ICE may not have complete details of Shahriar's case, they are aware of his previous refugee claim in Canada and that his mother has protected-person status. ICE has indicated it would return Shahriar to Canada if the CBSA authorizes the transfer, but the agency has not yet done so. Ahmed criticized the CBSA for not providing a decision in Shahriar's case, stating, "Their refusal to provide reasons appears calculated to prevent us from seeking appropriate legal recourse." Ahmed intends to request court orders that would compel the CBSA to disclose its decision and to cooperate with ICE in facilitating Shahriar's return. He emphasized that Shahriar is currently in a state of uncertainty, saying, "He is in limbo." According to Ahmed, individuals cannot apply for refugee status in both Canada and the U.S. simultaneously. He explained that since Canada has not agreed to accept Shahriar, ICE plans to deport him to Bangladesh. Shahriar's refugee claim has been complicated by his experience with a fraudulent immigration consultant, which led to the rejection of his claim. Before his detention by ICE, he was preparing a Humanitarian and Compassionate application for permanent residence, intending to include evidence of the fraud that affected his refugee claim. The CBSA has not commented on the specifics of Shahriar's case due to federal privacy laws. In an email response from CBSA spokesperson Rebecca Purdy, it was stated that the agency does not intervene on behalf of foreign nationals who face immigration enforcement after entering another country. A more detailed response from Luke Reimer, a senior communications officer with the CBSA, indicated that Shahriar's refugee claim was reviewed by the Refugee Protection Division and later by the Refugee Appeal Division of the Immigration and Refugee Board of Canada. Reimer noted that Shahriar was found not to be in need of protection and that his request for judicial review was dismissed by the Federal Court. Reimer further stated that the CBSA had initiated removal proceedings before Shahriar left Canada voluntarily, which he argued waived his right to further recourse. He concluded that Canada has no obligation to accept Shahriar's return and that he is permanently barred from re-entering without authorization. The ICE office in Buffalo did not provide detailed comments on the case, citing privacy concerns regarding individuals without proper legal documentation.