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Cablegate: Ukraine: Demarche Request Regarding the Removal

VZCZCXYZ0033
OO RUEHWEB

DE RUEHC #9235 1791417
ZNR UUUUU ZZH
O 271419Z JUN 08
FM SECSTATE WASHDC
TO AMEMBASSY KYIV IMMEDIATE 6896

UNCLAS STATE 069235

SIPDIS
SENSITIVE

E.O. 12958: N/A
TAGS: SMIG UP
SUBJECT: UKRAINE: DEMARCHE REQUEST REGARDING THE REMOVAL
OF JOHN DEMJANJUK

1. (SBU) Summary and Action Request: This is an action
message. Ambassador is requested to approach
the Government of Ukraine at the highest appropriate level to
request that the GoU accept John Demjanjuk,
AKA Ivan Demjanjuk (DPOB 03 April 1920, Dubovye Makharintsky,
Ukrainian Soviet Socialist Republic),
a stateless person and denaturalized U.S. citizen, following
his removal from the U.S. on the basis
of immigration fraud and his service in Nazi-run
concentration camps.
Department appreciates Embassy's assistance in this important
matter. End Summary.

BACKGROUND
----------

2. (U) In 1977, the U.S. Department of Justice requested that
a U.S. court revoke John Demjanjuk's
citizenship based on false statements and omissions he made
in his immigration application regarding
his service in Nazi-run concentration camps in World War II.
The U.S. deported Demjanjuk to Israel in
1986 to stand trial on charges that he was "Ivan the
Terrible," a concentration camp guard at Treblinka
who brutalized detainees before their executions. The
Israeli Supreme Court acquitted Demjanjuk of these
specific charges in 1993, after which he returned to the U.S.
In 2002, a U.S. court again stripped
Demjanjuk of his U.S. citizenship in light of his service in
Nazi camps and the false statements and
omissions in his 1952 immigration application. These acts
and omissions made him ineligible for
admission to the U.S. and for U.S. citizenship, and a U.S.
court ordered Demjanjuk deported in 2005.
In May 2008, the Supreme Court denied Demjanjuk's petition
for certiorari, declining to hear his case
against the deportation order. Demjanjuk has exhausted all
judicial remedies.

3. (U) BEGIN TALKING POINTS
---------------------------

-- The United States requests that the GoU accept John
Demjanjuk AKA Ivan Demjanjuk to Ukrainian territory.

-- Demjanjuk was admitted to the U.S. in 1952 under the
Displaced Persons Act, which sought to resettle
refugees from World War II, and naturalized as a U.S. citizen
in 1958. A U.S. court stripped Demjanjuk of
his U.S. citizenship in 2002 in light of the false statements
and omissions in his application for entry
into the United States. A U.S. court ordered Demjanjuk's
removal from the U.S. in 2005. He has exhausted
all of his judicial appeals.

-- Although Demjanjuk is now legally "stateless," he was born
in 1920 in Dubovye Makharintsky of the
then-Ukrainian Soviet Socialist Republic. Demjanjuk listed
"Ukraine" as the country of which he was
a "citizen, subject, or national" on his 1958 petition for
naturalization.

-- Denying Demjanjuk residence in the U.S. is an essential
step to providing a measure of accountability
for his history of service to the Nazi regime.

-- The United States would greatly appreciate Ukraine's
cooperation in this matter.

END TALKING POINTS
RICE

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