Los Angeles Times | 01May2009 | Michael Muskal

Demjanjuk may be deported, U.S. appeals court rules
The family of John Demjanjuk, 89, who is accused of being a Nazi death camp guard, says it will appeal the ruling. The U.S. will continue to seek his removal to Germany to face charges.
A federal appeals court has rejected arguments that John Demjanjuk, a retired Ohio autoworker accused of being a guard in a Nazi death camp, be spared from being deported to Germany to face charges of being an accessory to murder during World War II.

In a decision posted today on its website, the 6th U.S. Circuit Court of Appeals in Cincinnati rejected a stay of deportation for Demjanjuk. His family announced that they will seek to appeal the ruling, which clears the way for the 89-year-old to be deported.

In Germany, Demjanjuk faces charges that he served as a guard in a Nazi-run camp in occupied Poland in 1943. Demjanjuk, who has been fighting deportation for decades, has maintained he was a Ukrainian taken by the Nazis as a prisoner of war.

On April 14,2009 immigration officers carried Demjanjuk in his wheelchair out of his suburban Cleveland home to take him to a jet bound for Germany. But the deportation was blocked by the appeals court while it considered Demjanjuk's argument that he was too sick to be forced out of the United States.

Demjanjuk has said he suffers severe back and leg pain as well as anemia.

"Based on the medical information before the court and the government's representations about the conditions under which it will transport the petitioner, which include an aircraft equipped as a medical air ambulance and attendance by medical personnel, the court cannot find that the petitioner's removal to Germany is likely to cause irreparable harm sufficient to warrant a stay of removal," the appeals court said in its ruling.

The U.S. government will continue to seek the removal of Demjanjuk to Germany, though there was no indication when that would happen.

Demjanjuk arrived in the United States in 1951. He was deported to Israel, where he was tried as the Nazi guard "Ivan the Terrible" who served at Treblinka. He was convicted in 1988, but Israel's highest court later overturned the conviction.
[W.Z. We note that Muskal does not mention that the Sixth Circuit Court of Appeals under Judge Gilbert Merritt ruled that the OSI was guilty of "prosecutorial misconduct constituting fraud on the court" in obtaining the 1981 denaturalization and the 1986 extradition of John Demjanjuk to Israel.]

He returned to Cleveland and his U.S. citizenship was restored in 1998. But a U.S. court convicted him in 2002 of working at other Nazi camps. He was again stripped of citizenship, and U.S. officials moved to deport him to face German charges including accessory to murder for allegedly assisting in the deaths of 29,000 Jews at the Sobibor camp.

[email protected]