Question juridique clé
Whether the pre-removal detention was lawful and should be lifted
Solution extraite
The detention was lawful and did not violate federal law because the appellant had been finally removed in asylum proceedings, lacked valid travel documents, had failed to cooperate, and showed a risk of absconding.
Motifs extraits
The court found detention grounds under Art. 76(1)(b) no. 2 and no. 3 AuG. The appellant had not complied with his duties to cooperate, had repeatedly stated he would not return home, and there were no indications that removal was being pursued without due diligence or was not foreseeable.