The lawyer representing Johnathon Nicola, a high school student from South Sudan, alleged to be 29,  says his client might be released as early as Wednesday.

Nicola has been in the South West Detention Centre since his arrest by Canada Border Services Agency last month.

The agency says Nicola misrepresented the material facts on his application for a study permit into the country.

His lawyer Frank Miller says he's been in talks for the better part of the day with immigration officials and is drafting recommendations to present to the agency.

Miller says the Sudanese community is willing to put up a surety and he hopes to have Nicola released until his admissibility hearing on May 11.

The hearing will determine if he can stay in the country or will be deported.

However, a refugee spokesperson says her agency hasn't yet received the required application for an early detention review date.