Son says US has ordered Demjanjuk to surrender

May 8, 2009 1:28:20 PM PDT
Immigration agents served suspected Nazi guard John Demjanjuk on Friday with a notice to surrender to an immigration office in Cleveland, his son said.Demjanjuk, of Seven Hills in suburban Cleveland, faces deportation to Germany. An arrest warrant in Munich accuses him of 29,000 counts of accessory to murder at a death camp in Nazi-occupied Poland during World War II.

The notice was served one day after the U.S. Supreme Court declined to hear the 89-year-old suspect's appeal to stop the deportation.

Demjanjuk Jr. did not say how his father would respond.

In Germany, Demjanjuk lawyer Ulrich Busch challenged the Munich arrest warrant on Friday, citing 1979 testimony given by a Sobibor camp guard who says he does not remember Demjanjuk from either Sobibor or a training camp where he is also alleged to have served.

The hope is that if the arrest warrant is deemed invalid, then there will be no reason to deport Demjanjuk, his son said.

A separate attempt to block the deportation in Germany failed this week, when a Berlin court ruled the decision lies with U.S. authorities. That decision has been appealed.

Busch, who could not immediately be reached for comment, conceded Thursday, that there was nothing that could be done on the German side to force the U.S. not to deport Demjanjuk.

Demjanjuk, a native of Ukraine, says he was never a death camp guard and maintains he was held by the Germans as a Soviet prisoner of war.


Associated Press writer David Rising in Berlin contributed to this report.

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