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Federal court halts deportation of Demjanjuk

M.R. KROPKO

Issue date: 4/15/09 Section: News
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John Demjanjuk, second from right, is taken from his home in Seven Hills, Ohio by immigration agents Tuesday. Demjanjuk is being deported to Germany to face charges where he was a guard at a Nazi death camp during World War II.  (AP Photo/Mark Duncan)
Media Credit: Associated Press
John Demjanjuk, second from right, is taken from his home in Seven Hills, Ohio by immigration agents Tuesday. Demjanjuk is being deported to Germany to face charges where he was a guard at a Nazi death camp during World War II. (AP Photo/Mark Duncan)

CLEVELAND (AP) - The return of alleged Nazi death camp guard John Demjanjuk to Germany for trial on war crimes was delayed again Tuesday by a federal court, shortly after six immigration officers removed the retired autoworker from his suburban Cleveland home in a wheelchair.

A three-judge panel of the 6th U.S. Circuit Court of Appeals granted a stay until it could further consider Demjanjuk's motion to reopen the U.S. case that ordered him deported, in which he says painful medical ailments would make travel to Germany torturous.

An arrest warrant in Germany claims Demjanjuk (pronounced dem-YAHN'-yuk) 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 U.S. 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.

"We're delighted. We're prepared to make our arguments with the 6th Circuit, and it's just a shame that Mr. Demjanjuk had to go through the hell that he went through once again this morning," he said as he walked into a federal building in Cleveland where Demjanjuk was being held.

It was unclear whether Demjanjuk would be returned to his home in Seven Hills.

As Demjanjuk's wheelchair was loaded into a van at their home, his wife, Vera, sobbed and held her hands to her mouth. As the van moved down the street, Vera turned and waved, sobbing in the arms of a granddaughter.

Several family members, including a 10-year-old grandson, were in the home when the officers removed Demjanjuk.

Nishnic said Demjanjuk, a native of Ukraine, told his family, "I love you," in Ukrainian and was aware that the officers were there to take him to Germany.
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