A federal appeals court opened the way again Friday for the Justice Department to deport alleged Nazi death camp guard John Demjanjuk to Germany to face 29,000 counts of accessory to murder.
An arrest warrant in Munich alleges he was a guard in Nazi-occupied Poland in 1943. Demjanjuk says he was a prisoner of war, not a camp guard.
His family says he's too old and sick to be sent to Germany, but the government says he gets around for his age and says surveillance video proves that.
The appeals court said it was satisfied that the government would be provide appropriate care for
Demjanjuk while deporting him.
"Based on the medical information before the court and the government's representations about the conditions under which it will transport the petitioner, which include an aircraft equipped as a medical air ambulance and attendance by medical personnel, the court cannot find that the petitioner's removal to Germany is likely to cause irreparable harm sufficient to warrant a stay of removal," the court said.