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Accused Nazi death camp guard John Demjanjuk is one step closer to deportation.

A federal appeals court Wednesday rejected Demjanjuk’s challenge of a final deportation order by former Chief U.S. Immigration Judge Michael Creppy.

The 6th Circuit Court of Appeals said the December 2005 order to deport him to his birthplace of Ukraine remains in force.

Demjanjuk’s lawyers say he could face torture or criminal prosecution if he is returned to Ukraine. He could be deported to Germany or Poland if Ukraine will not accept him.

Demjanjuk was stripped of his U.S. citizenship in 1981 and extradited to Israel, where he was acquitted in 1993 of being the sadistic Treblinka death camp guard “Ivan the Terrible” by its Supreme Court. He was stripped of his citizenship again in 2002 after new evidence showed he was a guard at another camp.

In December 2006, Creppy dismissed an appeal by Demjanjuk to have a deportation order overturned.

Demjanjuk’s attorney told Reuters they would pursue their appeal next to the U.S. Supreme Court.

Demjanjuk, a resident of the Cleveland suburb of Seven Hills, is said to be ill and not following the progress of his case, Reuters reported.

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