United States v. Schmidt

923 F.2d 1253 (1991)

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United States v. Schmidt

United States Court of Appeals for the Sixth Circuit
923 F.2d 1253 (1991)

Facts

Michael Schmidt (defendant) served as a guard at a Nazi concentration camp from 1943 to 1944. His duties as a guard included preventing the prisoners held in the camp from fleeing and subjecting them to forced labor. Several years later, Schmidt applied to immigrate to the United States (US) as a displaced person under the Displaced Persons Act. On his application, Schmidt did not note that he had served as a concentration-camp guard. Schmidt was certified as a displaced person and was issued a visa permitting his entry into the US. Schmidt subsequently filed for US citizenship, again failing to note his service as a concentration-camp guard. Schmidt was granted US citizenship in 1968. In 1988, the Department of Justice determined that there was good cause to revoke Schmidt’s citizenship and filed a complaint in district court. The court granted summary judgment against Schmidt and ordered Schmidt’s citizenship to be revoked. Schmidt appealed, arguing that he had not been personally involved in the atrocities committed against prisoners in the concentration camp, had never entered the camp itself, and that his service as a guard had not been voluntary.

Rule of Law

Issue

Holding and Reasoning (Bauer, C.J.)

Dissent (Pell, J.)

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