A retired steelworker who served as a Nazi guard should be deported even though the United States mistakenly granted him a visa in 1956, a federal appeals court ruled Tuesday.
Anton Geiser's work as a guard meets the type of persecutory conduct banned under a 1953 federal law, the ruling said.
Geiser, 83, did not reveal his Nazi ties on his visa application, but he is not accused of lying about them. Files from the period have been lost and it is not clear what questions he was asked.
His lawyer, Adrian N. Roe, told the appeals court this year that guards not deemed war criminals were sometimes allowed in by the State Department. He complained that the Justice Department, in its efforts to expel former Nazis, was revisiting decisions made a half-century ago.
But the 3rd U.S. Circuit Court of Appeals, which focused on the language of the Refugee Relief Act of 1953, said Geiser should have his U.S. citizenship revoked and be deported.