Key legal question
Whether detention could be confirmed beyond twelve days when the detainee waived the hearing and removal was not possible within eight days.
Extracted holding
When the detainee consents to dispensing with an oral hearing, the hearing must be held no later than twelve days after the detention order if removal cannot be carried out within eight days; detention may then only be confirmed for twelve days.
Extracted reasoning
Under Art. 13c(2bis) ANAG, the waived hearing must be made up within the statutory time limit. Because removal could not be executed within eight days, the legal consequence was a confirmation of detention only for the twelve-day period.