The New Zealand HeraldUS court halts deportation of alleged Nazi guard, 89
written by M. R. Kropko
Wednesday, April 15, 2009 9:57AM
CLEVELAND - The return of alleged Nazi death camp guard John Demjanjuk to Germany for trial on war crimes was delayed again yesterday by a federal court, shortly after six immigration officers removed the retired autoworker from his suburban home in a wheelchair.
A three-judge panel of the 6th US Circuit Court of Appeals granted a stay until it could further consider Demjanjuk's motion to reopen the US case that ordered him deported, in which he says painful medical ailments would make travel to Germany torturous.
The government planned to continue its legal battle in court, said Justice Department spokeswoman Laura Sweeney.
An arrest warrant in Germany claims Demjanjuk, a native of Ukraine, 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.
Citing the need to act because of the possibility of Demjanjuk's imminent deportation, the court issued the stay without addressing the US government's argument that the court had no jurisdiction to rule on Demjanjuk's appeal.
Former son-in-law and family spokesman Ed Nishnic said the family was relieved the stay was granted.
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