Associated Press | 14Apr2009 | ap
lawyer: Deportation to Germany imminent
(AP) — A lawyer for John Demjanjuk (dem-YAHN'-yuk) says U.S.
immigration officials have told him they want to pick up the Ohio man
for deportation on Tuesday to Germany, where an arrest warrant alleges
the frail 89-year-old was a Nazi death camp guard.
Broadley in Washington also says he and the Demjanjuk family are trying
to complete a 6th U.S. Circuit Court of Appeals filing that seeks a
stay of deportation.
son is driving to Cincinnati to make the filing in person.
says Demjanjuk Sr. is bedridden due to poor health.
spokeswoman for U.S. Immigration and Customs Enforcement says the
agency is not commenting.
prosecutors claim Demjanjuk was an accessory to some 29,000 deaths at
the Sobibor camp in Nazi-occupied Poland.
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AP's earlier story is below.
(AP) — The family of retired Ohio autoworker John Demjanjuk said
Tuesday that he has asked a federal appeals court in Ohio to block his
deportation to Germany while he seeks to have his case reviewed. An
arrest warrant in Munich accuses the frail 89-year-old of serving as a
Nazi death camp guard.
filing at the 6th U.S. Circuit Court of Appeals in Cincinnati would set
up another venue where Demjanjuk (pronounced dem-YAHN'-yuk) of suburban
Cleveland can try to reopen the U.S. case that ordered him deported and
show that he is too sick to travel.
he will stand trial for his life — not this time by hanging but by the
cruel and inhumane condition of transport and the stress of arrest,
confinement and trial of this now 89 year old man who is in poor
health," the motion says.
prosecutors claim Demjanjuk was an accessory to some 29,000 deaths
during World War II at the Sobibor camp in Nazi-occupied Poland. Once
in Germany, he could be formally charged in court.
had been tried in Israel after accusations surfaced that he was the
notorious Nazi guard "Ivan the Terrible" in Poland at the Treblinka
death camp. He was found guilty in 1988 of war crimes and crimes
against humanity, a conviction later overturned by the Israeli Supreme
Maull, a Munich-based lawyer for Demjanjuk said earlier Tuesday that
his client could arrive in Germany on Wednesday.
Board of Immigration Appeals in Falls Church, Va., on Friday denied his
motion for an emergency stay.
U.S. Justice Department has opposed his previous appeals.
a native Ukrainian, has denied being a Nazi guard, long claiming he was
a prisoner of war of the Germans. He came to the United States after
the war as a refugee.
U.S. judge revoked his citizenship in 2002, based on Justice Department
evidence showing he concealed his service at Sobibor and some other
Nazi-run death and forced labor camps. An immigration judge ruled in
2005 he could be deported to Germany, Poland or Ukraine.
family has said he is in constant pain from several ailments and that
being deported to Germany amounts to torture.