A retired auto worker ordered deported over accusations that he was a Nazi death camp guard during World War II has started another appeal in a federal court, his lawyer said Tuesday.
John Demjanjuk, 86, of suburban Cleveland, Ohio, on Dec. 21 lost his previous attempt to avoid deportation when the Board of Immigration Appeals in Falls Church, Virginia, rejected his appeal of an immigration judge's 2005 deportation order.
But Demjanjuk still has the right to appeal that ruling in federal courts, so the filing of a petition for review in the 6th Circuit in Cincinnati was expected. The filing Monday starts the next appeal process, defense lawyer John Broadley said.
The immigration appeals board said Demjanjuk's Nazi guard past is conclusively established.
Demjanjuk's case dates back nearly 30 years. He was cleared in 1993 in Israel of being the notorious "Ivan the Terrible," a sadistic guard at the Treblinka concentration camp in Poland. But the US Justice Department said World War II documents prove he was a Nazi guard at various death or forced labor camps.
Demjanjuk, a native Ukrainian, has denied he aided the Nazis and came to the United States after the war as a displaced person.
An immigration judge ruled had ruled earlier that Demjanjuk should be deported to Germany or Poland if Ukraine does not accept him.