Question juridique clé
Whether the removal detention under Art. 13b ANAG was lawful, in particular because of risk of absconding and breach of territorial restriction.
Solution extraite
Yes. The appellant’s conduct clearly showed a risk of evading removal, and the detention was additionally supported by violation of the territorial restriction.
Motifs extraits
The court relied on the binding factual findings that the appellant resisted official orders, did not deny the theft allegations, and stated that he did not intend to return to his home country. He had also stayed outside the municipality restriction in other cantons after being so restricted.