A federal appeals court will hear arguments Tuesday on a motion to allow John Demjanjuk to return to the United States while he appeals his extradition to Israel.
The Israeli Supreme Court on Thursday acquitted Demjanjuk of charges he was a brutal Nazi concentration camp guard nicknamed "Ivan the Terrible."The Ukrainian-born Demjanjuk, a 73-year-old retired auto worker from suburban Cleveland, was stripped of his U.S. citizenship in 1981 and extradited to Israel in 1986.
He has appealed his extradition to the U.S. 6th Circuit Court of Appeals, claiming the Justice Department withheld information that could have helped him fight the proceeding.
In a motion filed Friday, Demjanjuk's lawyers argue that Demjanjuk should be allowed to return to the United States while his appeal is ongoing.
The motion questions the validity of the extradition order and the fairness of forcing Demjanjuk to live abroad while the appeal continued.
The appeals court, in a separate hearing Sept. 3, will hear comments on a federal judge's investigation into the Justice Department's actions during the extradition hearing.
If the appeals court finds that the Justice Department withheld information, the court then must decide whether that warrants setting aside the extradition order, said Judge Gilbert Merritt, presiding judge of the three-judge panel.