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Keywords

appealwar crimesdeportation
tortwar crimesdeportation

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Petkiewytsch v. Immigration and Naturalization Service

Facts

The petitioner, a 67-year-old native of Poland, lived under Nazi occupation until 1944 when he fled with his family to Czechoslovakia. They were later sent to a labor education camp in Germany, where the petitioner served as a civilian guard under duress, facing imprisonment or execution if he refused. Although he witnessed mistreatment of prisoners, he never personally abused them and was later exonerated by the British after the war. He immigrated to the United States in 1955 under the Immigration and Nationality Act.

The petitioner is a 67 year old married male and a native of Poland. The petitioner lived in Poland under Nazi occupation until 1944. In 1944, petitioner, then age 21, fled with his family from Poland to Czechoslovakia to avoid the consequences of battle and occupation by the approaching Russian army.

Issue

Whether a permanent resident alien who served involuntarily as a civilian guard in a German labor education camp during the period of Nazi control and who never personally abused prisoners is subject to deportation under the Immigration and Nationality Act.

The question in this case is whether a permanent resident alien who served involuntarily as a civilian guard in a German 'labor education camp' during the period of Nazi control and who never personally abused prisoners is subject to deportation under the Immigration and Nationality Act.

Rule

The Holtzman Amendment provides for the deportation of any alien who, under the direction of or in association with the Nazi government of Germany, participated in the persecution of any person because of race, religion, national origin, or political opinion.

The Holtzman Amendment was enacted in 1978; section 103 provides for the deportation of any alien who, under the direction of or in association with the Nazi government of Germany, ordered, incited, assisted, or otherwise participated in the persecution of any person because of race, religion, national origin, or political opinion between March 23, 1933 and May 8, 1945.

Analysis

The court analyzed the petitioner's actions in light of the Holtzman Amendment, noting that while he served as a guard, he did so involuntarily and did not personally engage in acts of abuse. The court emphasized that the key issue was whether his conduct constituted participation in persecution, and found that his role did not meet the threshold of being a Nazi war criminal as defined by the Amendment.

The Board concluded that Kiel-Hasse was a repository for the persecution of people based on race, nationality and political opinion. The Board further found that persecution took place in Kiel-Hasse, not only by the fact of involuntary confinement, but also by deprivation, torture and executions.

Conclusion

The court reversed the Board of Immigration Appeals' decision to deport the petitioner, holding that his acts during World War II did not constitute war crimes.

Holding that petitioner's acts during World War II did not constitute war crimes where he never personally engaged in the persecution of civilians, the court reversed his deportation order.

Who won?

Petitioner prevailed in the case because the court found that his actions did not amount to participation in persecution as defined by the Holtzman Amendment.

Petitioner has challenged the factual finding of the Board that Kiel-Hasse was a place of persecution based upon race, religion, national origin or political opinion.

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