Questão jurídica principal
Whether removal detention under Art. 76 Abs. 1 lit. b Ziff. 1 AuG was lawful after the criminal sentence had been served.
Decisão extraída
Yes. Detention could still rely on the relevant criminal conviction and the statutory detention grounds, even after release from prison.
Fundamentação extraída
The court held that the detention grounds under Art. 76 Abs. 1 lit. b Ziff. 1 AuG expressly rest on criminal prosecution or conviction; since criminal custody generally precedes immigration detention, the legislature intended detention to remain possible after completion of the sentence if the other conditions are met.