Reconstruct every period
Prepare a table showing the entry and release date and time for each period, the detention centre, the removal measure relied on, applications for extension and their outcome. Keep all earlier orders and judicial decisions.
A new placement following release must be distinguished from an extension of the same detention period. The applicable rules and judicial controls are not framed in the same way.
Check the basis for the new order
The administration must show that the statutory conditions are once again met. The file should identify what has happened since the previous release: a new measure or fact, consular steps, or a concrete prospect of removal.
Article L. 741-3 permits detention only for the time strictly necessary for departure and requires the administration to act diligently. Earlier unsuccessful periods inform that review but do not automatically make every later order unlawful.
The temporary rule following the 2025 constitutional decision
On 6 November 2025, the Constitutional Council held Article L. 741-7 unconstitutional but deferred repeal until 1 November 2026. Until then, the judge must ensure that the new deprivation of liberty does not exceed necessary severity, taking earlier periods into account.
This is a time-sensitive rule. It must be reconsidered for proceedings after the repeal takes effect or if legislation changes. It does not set a universal permitted number of detention orders.
Evidence to provide
Collect the removal decisions, detention orders, judicial orders, any stated tickets or travel documents, proof of release, any house-arrest orders and current personal records.
Document cumulative effects on health, family life and pending steps where relevant. The evidence should remain tied to the necessity and proportionality of the new measure.
Counsel’s review
Counsel checks the legal basis of each period, compares the steps announced with those actually taken and presents the cumulative effect to the judge. She also reviews the procedure specific to the latest order.
A judgment concerning sixteen placements illustrates an intensely factual review; it does not mean that the same outcome follows once a fixed number is reached.
Discuss your situation
You can send the firm the essential facts, relevant dates and any known deadline.
Frequently asked questions
Is there a maximum number of successive orders?
The issue is not determined by a single number. Each new order must satisfy its legal conditions and, under the current temporary rule, the cumulative severity must be assessed.
Why keep earlier judicial orders?
They establish the duration, reasons, promised steps and outcome of each earlier period. The history is difficult to prove without them.
Will the rule change after 1 November 2026?
The Constitutional Council’s repeal takes effect on that date. Any later procedure must be assessed under the law then in force.