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They now approve control orders and will do the same for powers of extended detention.
The human rights organisation also took on the government's professed goal of creating consensus around the pre-charge detention limit, building a coalition against extended detention.
Such practices range from simple extended detention criteria in Pennsylvania through the BMP credit system used by Maryland, to the latest "green technology" methods promoted in Delaware and the recharge, quality and peak reduction approaches of New Jersey.
As a result of the decision, the administration said, hundreds of similar cases have been filed within the nine states of the Ninth Circuit by deportable aliens facing extended detention.
But Mr. Ashcroft said the nation's immigration judges should rule similarly in bail hearings involving other illegal immigrants when the government provides evidence that extended detention is needed to protect the country.
The 7-to-2 decision made clear, though, that unless the state could prove that an offender was unable to some degree to control his behavior, extended detention would amount to little more than a second, indefinite prison sentence.
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· Delighted, naturally, that Charlie Falconer is joining Lord Goldsmith in opposing Gordon Brown's ruse to extend detention without charge to 42 days.
The court may extend detention for consecutive 60-day periods, but for no longer than six months.
Once this six-month period ends, the court may in exceptional circumstances extend detention for an additional six months.
Seen off by the courts and by parliament on extending detention without trial, the government turned to control orders of a hugely restrictive nature.
Brandis said creating federal laws to extend detention would be a breach of the powers banning punitive executive detention in the constitution.
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