Immigration detention

Sixteen successive detention placements: order of 11 December 2025

In an order of 11 December 2025 (Paris Court of Appeal, no. 25/06889), the court reviewed a sixteenth detention order based on the same 2007 expulsion measure. Considering the complete history and the temporary review required following the Constitutional Council’s decision, it refused continued detention.

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A history of sixteen detention orders

The challenged measure was the sixteenth placement based on the same expulsion decision made in 2007. The fifteen earlier periods had not resulted in removal.

The defence put that history before the judge. Earlier orders, release dates and outcomes allowed the latest placement to be assessed beyond the face of the new administrative order.

The constitutional framework applied

On 6 November 2025, the Constitutional Council held Article L. 741-7 CESEDA unconstitutional but deferred repeal until 1 November 2026.

During that temporary period, the judge must ensure that the new deprivation of liberty does not exceed necessary severity, taking previous detention periods into account. The order of 11 December applied that review to the file before it.

The decisive point and outcome

The court considered together the number of placements, their common basis, their lack of result and the circumstances of the latest order. It found that the new deprivation exceeded necessary severity in this case.

It reversed the earlier order and refused the extension application. The outcome rests on the combination of documented facts, not on a numerical threshold in legislation.

A limited and time-sensitive result

The order does not prohibit every new placement after an earlier detention. It shows why the cumulative history should be documented and reviewed concretely.

The framework is also temporary: repeal of Article L. 741-7 was set for 1 November 2026. Later proceedings must be reviewed under the law then in force.

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Frequently asked questions

Did the court set a maximum number of placements?

No. It assessed sixteen placements based on the same measure and without a successful removal in the specific circumstances.

Why did the Constitutional Council’s decision matter?

During the period before repeal, it required review of the cumulative severity of the new deprivation of liberty in light of earlier detention periods.

Will the same rule apply after 1 November 2026?

That should not be assumed. Proceedings must be examined under the legislation in force after the repeal date.

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