Accused Nazi Concentration Camp Guard John Demjanjuk's
Stay Order Halting Deportation to Germany For Trial

John Demjanjuk v. Eric Holder, U.S. Attorney General
April 14, 2009

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  • John Broadley, Demjanjuk's Co-Counsel
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    A federal appeals court grant an application to stay (i.e., temporarily halt) the deportation of retired Cleveland autoworker John Demjanjuk so that he could stand trial in Germany on charges that he was a Nazi guard in the Sobibor concentration camp.

    In 2002, a U.S. District Court issued "Findings of Fact" concluding that Demjanjuk failed to successfully refute documentary proof and testimony that he served as a Nazi armed guard with an SS Special Detachment at the Sobibor concentration camp in Poland. That ruling concluded, in part, that Demjanjuk's
    "service with the Guard Forces of the SS and Police Leader in Lublin District (at Trwaniki, Majdanek, and Sobibor), and with the SS Death's Head Battalion at Flossenbürg Concentration Camp constituted assistance in the persecution of persons because of race, religion, or national origin…
       *   *   *   
    Because of his assistance in persecution, Defendant was ineligible for a visa [under the Displaced Persons Act ('DPA')]. His entry to the United States for permanent resident in 1952 on the basis of a visa issued under the DPA was therefore unlawful and his naturalization as a United States citizen was illegally procured."

    A federal appeals court upheld these Findings of Fact in April 2004. Litigation over Demjanjuk's legal status in the United States continued. In December 2006, the Board of Immigration Appeals upheld his removal. In January 2008, Demjanjuk lost another appeal in federal court.

    You can read the recent stay order in the Demjanjuk removal case below:

    FindLaw : Demjanjuk Stay Order | Accused Nazi Concentration Camp Guard
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