Kernrechtsfrage
Whether the immigration detention under Art. 13b ANAG was lawful, in particular because of absconding risk and the prospect of removal within a foreseeable time.
Extrahierter Entscheid
Yes. The applicant had no residence entitlement, had indicated he would not return to Sierra Leone, and his conduct supported a real risk of absconding; removal remained practicable and the authorities were still pursuing it with due diligence.
Extrahierte Begründung
Detention was an administrative measure to secure enforcement of removal, not an additional punishment. Given the criminal history, lack of authorization to stay, refusal to return, and the failed Spanish readmission attempt, the lower court correctly found absconding risk and no breach of Federal law.