CLEVELAND - A man accused of being a Nazi concentration camp guard during World War II says he should not be deported because he could face torture in his native Ukraine.
The nation’s chief immigration judge was scheduled to consider the court filing from John Demjanjuk at a hearing Tuesday [29Nov2005]. Demjanjuk lost his citizenship based on a Justice Department case against him.
“Mr. Demjanjuk’s case makes him a high-profile candidate for mistreatment” if he is returned to the Ukraine, his attorney, John Broadley, said Monday.
However, the government argued in court documents that Demjanjuk has not shown that he is likely to be prosecuted, detained or tortured if he is deported.
The hearing before Chief Immigration Judge Michael J. Creppy is part of a process to determine whether Demjanjuk, 85, will be deported. Demjanjuk last appeared before Creppy in a videoconference hearing Feb. 28, 2005.
The U.S. first tried to deport Demjanjuk in 1977, accusing him of being a notorious guard known as Ivan the Terrible at the Treblinka concentration camp.
Demjanjuk was extradited to Israel, convicted and sentenced to hang. But the Israeli Supreme Court found that someone else was apparently that guard.
Demjanjuk returned home and his U.S. citizenship was restored.
The current deportation case is based on evidence uncovered by the Justice Department alleging he was a different guard. That evidence led courts to again strip Demjanjuk of his citizenship.
Demjanjuk has denied the government’s allegations.
The Justice Department has suggested the judge consider deporting Demjanjuk to Ukraine, Poland or Germany. Broadley said there is no indication another country would be willing to accept him.
Broadley said the question of whether Demjanjuk can be deported will eventually be considered by the Board of Immigration Appeals.
Demjanjuk, a former Ford Motor Co. auto worker, is in poor health, which the government should consider, Broadley said.
CLEVELAND (AP) — John Demjanjuk, a former autoworker who once was sentenced to death in Israel and is accused of being a Nazi concentration camp guard, appeared in court Tuesday to fight the government's latest attempt to deport him.
The 85-year-old resident of suburban Seven Hills, who has been fighting for nearly 30 years to stay in this country, says he should not be deported to his native Ukraine because he could face torture there.
Demjanjuk already has lost his U.S. citizenship, after a judge ruled in 2002 that documents from World War II prove he was a Nazi guard at various death or forced labor camps.
Tuesday's hearing before Chief Immigration Judge Michael J. Creppy was part of a process to determine whether he will be deported.
The government has argued in court documents that Demjanjuk has not shown that he is likely to be prosecuted, detained or tortured if he is deported.
Demjanjuk walked into the courtroom with the assistance of his son, John Demjanjuk Jr., and former son-in-law, Ed Nishnic. As Demjanjuk sat in a wheelchair reviewing a series of documents at the judge's request, he moaned several times. Demjanjuk has a chronic back problem, and Nishnic said he has been having spasms.
The U.S. first tried to deport Demjanjuk in 1977, accusing him of being a notorious guard known as Ivan the Terrible at the Treblinka concentration camp.
Demjanjuk was extradited to Israel, convicted and sentenced to hang, but the Israeli Supreme Court found that someone else apparently was Ivan.
Demjanjuk returned the United States and his U.S. citizenship was restored before being lifted again in 2002.
The current case is based on evidence uncovered by the Justice Department alleging he was a different guard.
Demjanjuk has denied the allegations.
The Justice Department has suggested the judge consider deporting Demjanjuk to Ukraine, Poland or Germany. His attorney, John Broadley, said Monday there is no indication another country would be willing to accept him.