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Nazi guard fights in court to stay in U.S. page 2

Date published: 12/7/2012


Geiser does not dispute that the Nazi camps were horrific, and he previously told prosecutors he was ashamed of his service. "I was not proud where I served and I didn't like it then and I didn't like it now," he said.

Most of the hearing, though, dealt not with Geiser's actions during the war but on narrow questions of legal precedent. Roe argued that a 2009 Supreme Court decision requires immigration judges to consider whether an alleged perpetrator of persecution was doing so voluntarily. More broadly, he said U.S. law in nearly all aspects takes into account whether a person was forced to act against his will, and he said the same principles should be extended to Geiser's case.

The three members of the Board that heard the case--two appointed by Republicans, one by a Democrat--are expected to issue their ruling in a few months. It is expected that the board's ruling will be appealed by the losing side.

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