Accused WWII war criminal ordered out

April 6, 2009 at 12:32 PM

CLEVELAND, April 6 (UPI) -- A U.S. immigration judge reversed himself Monday, ruling an accused World War II war criminal from Cleveland should be deported to Germany.

Attorneys for John Demjanjuk, 89, are expected to appeal the decision by U.S. Immigration Judge Wayne Iskra in Arlington, Va., The (Cleveland) Plain Dealer reported. It will be at least Wednesday before federal agents will be allowed to pick up Demjanjuk.

The judge said he made a mistake Friday when he said he didn't have jurisdiction.

German prosecutors want to try Demjanjuk as an accessory to the murders of 29,000 Jews at the Sobibor death camp.

Demjanjuk's family contends he is so old and frail that trying him would amount to torture. They say he cannot care for himself or defend himself at trial, The Plain Dealer said. Because of his frail health, his son, John Jr., said Friday "there is zero chance of him going to trial."

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