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Last Gasp

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Stock #X2004

Convicted Nazi guard,
ordered to leave U.S.,
pursues final appeal

HARRY KIRSBAUM
Staff Writer

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hen a federal immigration judge
ordered him deported in April
1997, the convicted ex-Nazi guard
appealed the ruling.
Now, Ferdinand Hammer of
Sterling Heights has almost reached the
end of the line, as his Clinton
Township-based attorney, William
Bufalino II, filed a petition Feb. 3 to
appeal to the U.S. Supreme Court.
Bufalino, who could not be reached
for comment, lost an appeal in the
Sixth Circuit Court of Appeals in
November.
The U.S. Department of Justice
Office of Special Investigations sees this
latest move as the end of the line.
"One can fairly say the Supreme
Court gets thousands and thousands of
petitions for review every year from
every jurisdiction in the United States,
and they hear only a relative handful of
them," said Washington, D.C.-based
Eli Rosenbaum, OSI director, whose
office launched the initial complaint.
"We've been successful at every stage of
the litigation and we are optimistic."
Hammer, a retired blacksmith who
became a naturalized citizen in 1963,
has maintained he was a soldier on the
Russian front, not a death camp guard.
The OSI launched the initial com-
plaint to strip Hammer of his citizen-
ship in 1994.
In prosecuting the case, the OSI
successfully proved that Hammer
served in the Nazi SS Death's Head
battalion as an armed guard at the
Auschwitz German killing center in
Poland and Sachsenhausen. and
Flossenburg concentration camps in
Germany. Prosecutors also showed how
Hammer had obtained an entry visa to
the United States and eventual citizen-
ship by supplying erroneous informa-
tion about his wartime activities.
Rosenbaum said that if the petition
to the Supreme Court is declined,
logistically, the depoi-tation "could hap-
pen in a matter of days or weeks." ❑

Harry Kirsbaum can be reached at
(248) 354-6060, ext. 244, or by e-mail
at hkirsbaum@theiewishnews.com

