U.S. v. Demjanjuk, 81-3415

Decision Date08 June 1982
Docket NumberNo. 81-3415,81-3415
Citation680 F.2d 32
PartiesUNITED STATES of America, Plaintiff-Appellee, v. John DEMJANJUK, aka Iwan Demjanjuk, aka Grozny Ivan (Ivan the Terrible), Defendant-Appellant.
CourtU.S. Court of Appeals — Sixth Circuit

John W. Martin, Spiros E. Gonakis, Cleveland, Ohio, for defendant-appellant.

John J. Horrigan, Asst. U. S. Atty., Weston, Hurd, Fallon, Paisley & Howley, Cleveland, Ohio, Bruce J. Einhorn, Norman A. Moscowitz, Dept. of Justice, Washington, D. C., for plaintiff-appellee.

Before KENNEDY and MARTIN, Circuit Judges and PHILLIPS, Senior Circuit Judge.

PER CURIAM.

In this action appellant seeks review of a decision of the District Court vacating the order admitting him to citizenship and cancelling his certificate of citizenship. The District Court found as a matter of fact that appellant had made material misrepresentations regarding the nature of his wartime activities in his application for a visa under the Displaced Persons Act of 1948. It held that clear and convincing evidence supported the government's contention that the appellant had willfully concealed that he had trained as an armed guard at Trawniki, Poland at a camp run by the German SS and thereafter served with the Nazis as an armed guard at the extermination camp in Treblinka, Poland. Since this information would have made appellant ineligible for a visa and for citizenship, the District Court concluded that appellant's citizenship must be revoked under 8 U.S.C. § 1451(a) because it was "illegally procured." Fedorenko v. United States, 449 U.S. 490, 101 S.Ct. 737, 66 L.Ed.2d 686 (1981).

The District Court considered documentary evidence, eyewitness identifications and the appellant's own testimony, which it found not to be credible, in making its findings. Preliminary to his consideration of the Trawniki identification card and the eyewitness identifications, the lower court was called upon to make evidentiary rulings regarding the admissibility of this evidence and address due process challenges to it. It refused to admit a presidential statement and expert testimony on the suggestiveness of photo lineups proffered by appellant.

We agree with the conclusions of law reached by the District Court. 518 F.Supp. 1362. We further conclude that the District Court's findings of fact are not clearly erroneous under a "clear and convincing" standard and the evidence properly admitted.

The District Court did not abuse its...

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  • US v. Schiffer
    • United States
    • United States District Courts. 3th Circuit. United States District Court (Eastern District of Pennsylvania)
    • September 8, 1993
    ......1983), cert. denied, 465 U.S. 1007, 104 S.Ct. 1002, 79 L.Ed.2d 234 (1984); United States v. Demjanjuk", 518 F.Supp. 1362, 1379 (N.D.Ohio 1981), aff'd, 680 F.2d 32 (6th Cir.), cert. denied, 459 U.S. 1036, 103 S.Ct. 447, 74 L.Ed.2d 602 (1982). .  \xC2"......
  • Matter of Extradition of Demjanjuk
    • United States
    • United States District Courts. 6th Circuit. United States District Court of Northern District of Ohio
    • April 30, 1985
    ...be revoked and his certificate of naturalization cancelled. United States v. Demjanjuk, 518 F.Supp. 1362 (N.D.Ohio, 1981), aff'd, 680 F.2d 32 (6th Cir.), cert. denied, 459 U.S. 1036, 103 S.Ct. 447, 47 L.Ed.2d 602 On December 6, 1982, the Immigration and Naturalization Service began deportat......
  • M.A. v. U.S. I.N.S.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (4th Circuit)
    • April 23, 1990
    ...atrocities committed by National Socialist Germany as foundation for action to revoke citizenship under 8 U.S.C. Sec. 1451(a)), aff'd, 680 F.2d 32 (6 Cir.), cert. denied, 459 U.S. 1036, 103 S.Ct. 447, 74 L.Ed.2d 602 (1982). Since the majority does not challenge the judiciary's authority to ......
  • U.S. v. Demjanjuk, 02-3529.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (6th Circuit)
    • April 30, 2004
    ...(revoking Defendant's citizenship and naturalization; this result was later set aside by Demjanjuk 6)1; 2.) United States v. Demjanjuk, 680 F.2d 32 (6th Cir.1982) (per curiam) (affirming Demjanjuk 3.) Demjanjuk v. Petrovsky, 612 F.Supp. 571 (N.D.Ohio 1985) (denying habeas, thus allowing the......
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