the opposition by the attorney general , we conclude that a stay of removal is warranted , '' the circuit court wrote . Representatives of Attorney General Eric Holder argued in response to an emergency motion filed by Demjanjuk 's attorney that the circuit court does not have jurisdiction over the case . But the court acted anyway . `` Because it is our understanding that the government may remove the petitioner later today , we are compelled to rule on the motion for a stay prior to addressing the jurisdictional concerns raised by the government , '' the court said . On Friday , a federal immigration board rejected an emergency appeal for a stay of Demjanjuk 's deportation . His attorney , John Broadley , had argued that deporting him would constitute torture because of his health problems . Broadley has said Demjanjuk suffers from pre-leukemia , kidney problems , spinal problems and `` a couple of types of gout . '' When Broadley filed another appeal with the 6th Circuit Court , Justice Department officials said they believe that his chances of getting the board 's ruling overturned are slim . `` Looking at what 's going
-LRB- CNN -RRB- -- Nazi war crimes suspect John Demjanjuk was granted an emergency stay late Tuesday to block what appeared to be his imminent deportation to Germany . Immigration and Customs Enforcement agents remove John Demjanjuk from his home Tuesday . The ruling , handed down by the 6th U.S. Circuit Court of Appeals , came less than two hours after federal immigration officials took Demjanjuk into custody at his home near Cleveland , Ohio . Demjanjuk , 89 , is wanted by German authorities for his alleged involvement during World War II in killings at Sobibor , a Nazi death camp in Poland . The Justice Department would not immediately comment on the stay , saying officials needed to review the order . The last-minute legal maneuvering leading to the order was the latest chapter in one of the longest-running pursuits of an alleged Holocaust perpetrator in history . The deportation of Demjanjuk , who had been transported to an Ohio detention facility when the stay was issued , would set the stage for what would likely prove to be an extraordinary German war crimes trial . `` Upon due consideration of the motion for a stay and