Demjanjuk ordered removed to Germany
On April 19, 2009, I wrote a post about Mr. Demjanjuk and Germany's request to extradite him. Specifically Germany has requested the extradition of Mr. Demjanjuk so that he can be tried on 29,000 counts of human rights violations when he was serving as a concentration camp guard in the Nazi Germany. Mr. Demjanjuk filed a request to re-open his deportation case and a stay of removal seeking relief under the Convention Against Torture.
Today the 6th Circuit Court of Appeals denied his request for a stay of the removal order. The Court noted that the BIA denied the request to reopen his case because the BIA concluded Mr. Demjanjuk failed to submit sufficient evidence to show that he would be subjected to torture in Germany. Similarly, the Appeals Court found that Mr. Demjanjuk would not suffer irreparable harm in being transported to Germany. The Government has represented that they will transport Mr. Demjanjuk in an aircraft equipped as a medical ambulance and attendance by personnel. Under such circumstances, the Court ruled
that Mr. Demjanjuk's removal to Germany is not "likely to cause irreparable harm sufficient to warrant a stay of removal."
