Facts
[X.] (born 1976), originally from Turkey, was recognized as a refugee in Switzerland and granted asylum on 16 January 2001. On 12 November 2004, the Jury Court of the Canton of Zurich sentenced him, among other things, to seven and a half years of penitentiary for attempted premeditated homicide and assault. Thereupon, the State Secretariat for Migration revoked his asylum in a legally binding decision of 16 February 2007 pursuant to Art. 63 para. 2 AsylA, but not his refugee status.
On 4 November 2008, the Migration Office of the Canton of Zurich refused to renew [X.] 's residence permit and ordered him to leave Switzerland immediately after his release from criminal detention. [X.] filed an appeal against this, which has not yet been decided. On 26 November 2008, the Migration Office placed [X.] in deportation detention, which the detention judge at the District Court of Zurich extended until 24 August 2009.
[X.] requested the Federal Supreme Court to set aside the decision of the Administrative Court of 1 July 2009 to extend the deportation detention and to release him from custody.
Considerations
The Federal Supreme Court dismissed the appeal. It stated that the order of deportation detention pursuant to Art. 76 para. 1 lit. b no. 1 in conjunction with Art. 75 para. 1 lit. h FNA was permissible, as [X.] had been convicted of a felony (attempted premeditated homicide). For this ground of detention, no prognosis was required as to whether [X.] would evade the enforcement of the expulsion order.
The Federal Supreme Court also rejected as unfounded the objection that no final and enforceable expulsion decision would be available within…