Regarding the expulsion of a foreign national, the justice of the peace, when validating the further extension of detention in a Centre for Repatriation (CPR), is required to check both the grounds for detention and those for administrative expulsion: as a result, if an expulsion order has been issued, pursuant to Article 14, paragraph 5-ter of Legislative Decree No. 286 of 1998, in the absence of evidence of prior detention or a new expulsion order, the validation of the new detention (based on the non-compliance with the removal order within seven days) is to be considered unlawful.
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