Demjanjuk Will No Longer Fight Deportation

A decades long battle to resist deportation is nearing an end. John Demjanjuk's lawyer said that he will no longer fight deportation to Germany, which will thus set the stage for him to be removed from his Seven Hills home and sent to Germany, where he will stand trial on charges that he helped to murder 29,000 Jews as a Nazi death camp guard in 1943.
On Thursday U.S. Supreme Court Justice John Paul Stevens rejected Demjanjuk's case, and did not ask for briefs from prosecutors. His attorney, John Broadly, may ask for another justice to review the case, however it appears as though they have decided against that.
Broadley told U.S. Justice Department officials and German reporters that the case is over, and that they will no longer fight it.
Speaking with the German magazine Der Spiegel, Broadley said:
"That wouldn't get us anywhere. We're not going to do that. ... We have done everything we could.''
It is not yet clear when federal agents will arrive at Demjanjuk's home to take him into custody and put him on a medical airplane to Germany. However, it is not expected to be very long. Demjanjuk, 89, is accused of taking part in the deaths of 29,000 Jews at the Sobibor death camp during the Nazi occupation of Poland in 1943.
Demjanjuk, a retired autoworker, was a native of Ukraine and emigrated to the U.S. in 1952. He gained citizenship in 1958. Denying any war crimes, he said he served in the Soviety army and was a prisoner of war when captured by Germans in 1942.
He was previously extradicted to Israel in 1986, when he was mistakenly believed to be the Nazi guard known as Ivan the Terrible from the Treblinka death camp. He was held in custody for seven years before the Israeli courts freed him after learning that another Ukranian was that infamous Nazi guard.
His citizenship was restored in 1998. However, the US Justice Dept. renewed its case, claiming he was another Nazi guard. They also said that he could be deported for falsifying information upon entry and citizenship applications that he filed in the 1950s.
In 2005 a US court ruling said that he could be deported to Ukraine, or to Germany or Poland. However Demjanjuk spend several years challenging the ruling. In 2008, the Supreme Court decided not to consider his appeal against deportation. This cleared the way for the Office of Special Investigations to seek his removal from the country. It was unclear at the time which country would take him.
Germany is handling the case because of the time he spent at a refugee camp in the area of Munich after the war. Once extradicted to Germany, Munich prosecutors said that Demjanjuk will be formally charged before a judge.










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