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Suspected Nazi guard's health in question

April 16, 2009 12:00:00 AM PDT
Suspected Nazi guard John Demjanjuk won a minor victory Thursday, when a U.S. appeals court asked to see details of the 89-year-old's medical reports indicating he's healthy enough to travel to Germany.He would face charges of serving as a Nazi death camp guard and being an accessory to the deaths of some 29,000 people during World War II.

Tuesday, the U.S. Appeals court halted his deportation to Germany with an emergency order after immigration officials carried him from his home.

Thursday, the Appeals Court said The Department of Justice must reveal the doctor's report used to decide he could travel.

The court also asked Demjanjuk's attorneys to respond to the government's claim that the Appeals Court lacks jurisdiction in a deportation case.

The final authority in deportation cases, the Board Of Immigration Appeals, denied him an emergency stay last week and denied a request to reopen his case on Thursday.

Demjanjuk's family and attorneys claim he is frail and flying him to Germany amounts to torture and could be fatal.

The Associate Press contributed to this report.


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