The opinion of the court was delivered by: COAR
This matter is before the court pursuant to a complaint filed under Section 340(a) of the Immigration and Nationality Act of 1952, as amended (hereinafter, the "INA"), 8 U.S.C. § 1451(a), to revoke the citizenship of defendant Bronislaw Hajda (hereinafter "Defendant" or "Hajda"), set aside the November 29, 1955 order of the United States District Court for the Eastern District of Michigan admitting Defendant to citizenship, and cancel Certificate of Naturalization No. 7537428 issued pursuant to that order. The government seeks this relief on the ground that Defendant was ineligible to receive a visa to the United States for the following reasons: During the period of the German occupation of Poland during World War II,
1. Defendant served as an SS auxiliary in the guard units at SS Training Camp Trawniki;
2. Defendant served as an armed guard at the Treblinka Labor Camp;
3. Defendant served in the SS Battalion Streibel; and
4. Defendant misrepresented his activities during the war in an effort to gain entry into the United States.
The parties have submitted an extensive "Statement of Uncontested Facts and Law" in the Pretrial Order. Subsequently, the parties filed "Additional Agreed Findings of Fact." For purposes of continuity, the statement and the additional agreed findings will be attached to this memorandum opinion and are incorporated by reference into this court's findings. See Attachments "A" and "B," respectively.
The Government's Case Against Bronislaw Hajda
There can be no serious dispute that on or about January 9, 1943, one Bronislaw Hajda arrived at the Training Camp at Trawniki, Poland, was processed as a guard, and assigned identification number 3069. For present purposes, that person will be referred to as "Wachmann (guard private) Hajda."
As part of his training, Wachmann Hajda guarded prisoners at the Trawniki Labor Camp and was armed with a rifle. On or about March 22, 1943, Wachmann Hajda was transferred as part of a group of 55 Trawniki men
to SS Labor Camp at Treblinka ("Treblinka Labor Camp") to serve as reinforcements for the guard detachment. At the Treblinka Labor Camp, his unit guarded the perimeter of the camp to prevent prisoners from escaping and also guarded prisoners en route to and from the slave labor sites and the sites themselves. In addition to the guard rosters and transfer lists identifying Wachmann Hajda as a guard at Trawniki and Treblinka, several persons who admitted to being guards at Treblinka identified Wachmann Hajda as also being a guard. In testimony at proceedings following World War II, several of these former guards identified Wachmann Hajda as having participated in atrocities, including the mass killing and beating of Jewish and Polish prisoners at the Treblinka Labor Camp. (See, e.g., Government Exhibits (Govt. Exs.) Nos. 8, 87, and 196). It is undisputed that unspeakable horrors were routinely visited upon the Jewish and Polish prisoners at the camp. (See Statement of Agreed Facts attached hereto.)
On or about July 22, 1944, as the Russian army advanced, all but a few Jewish prisoners at the Treblinka Labor Camp were massacred by camp guards as part of the evacuation of the facility. All of the guard units serving at the camp participated in this horrible activity. The camp was completely evacuated a day or two later.
Following the evacuation, members of the guard detachment from Treblinka regrouped in the City of Kielu and later rejoined the remaining members of the SS Training Camp Trawniki, forming SS Battalion Streibel (hereinafter the "Streibel Battalion"). The name Bronislaw Hajda and identification number 3069 appear on a list of 20 guards assigned to a unit of the Streibel Battalion located on the Vistula River. At some time during this period, Wachmann Hajda was promoted to the rank of SS Oberwachmann (private first-class). As of December 14, 1944, Oberwachmann Hajda was listed on a roster of the "Detachment Platoon Pinczow." On December 19, 1944, he was detailed to the "Detachment Belh." On January 5, 1945, he was transferred to the 1st Company of the Streibel Battalion at Motkovice, Poland. As the Soviet Army drove westward, the Streibel Battalion retreated. By mid-February 1945, the Streibel Battalion set up a new headquarters in Medingen, Germany, ten miles north of Dresden. Oberwachmann Hajda remained a member of that unit until at least April 6, 1945.
On the night of February 13, 1945, Anglo-American bombers unleased their terrible incendiary bombing raids on the City of Dresden. The newly arrived members of the Streibel Battalion, including Oberwachmann Hajda, were assigned to clear away the rubble and remove bodies. Some time before April 25, 1945, the Soviet Army overran the positions of the Streibel Battalion. While he remained on the guard roster as of April 16, 1945, it is not clear whether Oberwachmann Hajda deserted his unit near Dresden, or whether he retreated with it into Czechoslovakia where the Streibel Battalion disintegrated near the end of April 1945. Near the end, officers of the Streibel Battalion advised their men to move west in small groups and to surrender to the United States armed forces rather than to Soviet troops.
II. RELATIONSHIP BETWEEN DEFENDANT AND WACHMANN HAJDA
Documents from Russia establish that the Wachmann Hajda's personnel file was in the possession of Soviet authorities after the war. Although the file is missing, its contents are summarized in Soviet records. The following information is known about Wachmann Hajda from those records:
Name: Bronislaw Stanislaw Hajda
Born: March 19, 1924
Birth place: Jordanov, Poland
Occupation: Bootmaker (cobbler)
Height: 165 centimeters
Facial shape: Oval
Color of eyes: Blue
Hair color: Blond
The following is known about Defendant Hajda:
Name: Bronislaw Hajda
Born: March 19, 1924
Birth place: Jordanov, Poland
Citizenship: Poland (originally)
Occupation: Apprentice cobbler
Height: 173 centimeters (currently)
Facial shape: Oval
Color of eyes: Blue
Hair color: Dark brown/black(currently)
In addition, Defendant's father was named Stanislaw. It was customary to give the father's name as the son's middle name.
The Defendant's Contentions
The Defendant contends that he is not, and could not be, Wachmann Hajda because Defendant never served as a guard at Trawniki, Treblinka, or in the Streibel Battalion. While Defendant disputes that he served in these units and that he misrepresented his wartime activities in order to gain entry into the United States, he does not dispute that such activities, if proven, would have rendered him ineligible to receive a visa under the Displaced Persons Act of 1948 ("DPA"), Pub. L. No. 80-774, ch. 647, 62 Stat. 1009, June 16, 1950, Pub. L. No. 81-555, ch. 262, 64 Stat. 219 (1950).
I. DEFENDANT'S BACKGROUND
Defendant testified that he was born in the small town of Jordanov, Poland, on March 19, 1924. His mother was Zofia, and his father was Stanislaw, a shoemaker. Defendant had a brother Wladyslaw, and two sisters, Maria and Kazimiera. Before the war, Defendant had obtained six years of schooling.
Some time in 1942, Defendant was traveling by train to Warsaw to purchase leather for his father when he was arrested by Gestapo agents on the train. He was taken to Warsaw to a prison called Pawiak. Later he was taken to another prison in Warsaw, where he remained for approximately six months. He was then transferred to another prison in Krakow, called Montelupich. He remained there for less than six months before being transferred to Camp Pustkow (hereinafter "Pustkow"). He does not remember the date on which he arrived at Pustkow.
When he arrived at Pustkow, Defendant was taken to the office where those in charge took the names of the prisoners and gave them numbers. He does not recall his number, except that it contained the numerals "2 and 0" and the remaining number was fifteen, sixteen, or seventeen. The prisoners' numbers were sewn on the front and the rear of their clothing. At Pustkow, Defendant wore the same clothing that he was wearing when he was arrested on the train. He wore his prison uniform over his own clothing.
Defendant recalls cutting trees, unloading prefabricated barracks from rail cars, and digging tank traps at Pustkow. He also recalls seeing rockets at Blizna when he was working nearby. In addition, he remembers an incident when a V-2 rocket crashed and killed a German general and seeing the casket of the general with a flag draped across it. This was one of only a few times that he saw a dead person during his stay at Pustkow. The second time was when his work party was returning to camp one evening. The body of a prisoner who had escaped was placed on a chair with a sign around his or her neck which read, "I have returned again." The third time was when he had to carry a body out for cremation. Defendant further testified that he never saw a prisoner punished or beaten at Pustkow.
II. STANISLAW SWIECHOWICZ
While at Pustkow, Defendant says he saw Stanislaw Swiechowicz, whom he had known from Jordanov. According to Defendant, Swiechowicz approached him and said, "Bruno" to which Defendant replied, "Stashnik." Swiechowicz was wearing striped prisoner clothing when Defendant saw him. Swiechowicz lived in the barracks and Defendant could not recall whether they were the same barracks in which Defendant lived. He saw Swiechowicz one other time. Defendant contends that Swiechowicz can verify his imprisonment at Pustkow. Defendant also asserts that his family had knowledge of his imprisonment at Pustkow.
Defendant does not recall when he left Pustkow, except that the weather was cold. He left via a train that eventually arrived in Dresden, Germany. He was uncertain as to how long the trip took, but stated that it could have taken as long as five months. He arrived in Dresden either two weeks prior to the Allied firebombing of that city or two weeks thereafter. Defendant escaped in Dresden and made his way to the American lines.
The Historical Account of Pustkow
Before attempting to sort out the facts about Defendant's wartime activities, it is instructive to look at what the historians say about Pustkow. Most of what is known about Pustkow is contained in two exhibits: Government Exhibit 176 - Judgment against Hanns Prochinsky, November 14, 1973; and Government Exhibit 174 - Stanislaw Zabierowski, Pustkow: Hitlerowskie obozy wyniszczenig w sluzbie Poligonu SS (Rzeszow: Krajowa Agencja Wydawniczg, 1981) (hereinafter the "Zabierowski").
The facts herein described have not been disputed. Pustkow was located on the grounds of the SS Troop Training Base Debica, located near the Polish city of Debica (66 miles east of Krakow). The camp took its name from the nearby village of Pustkow. After the German V2 rocket base at Peenemunde was bombed by the Allies, Hitler decided on August 22, 1943, to move a part of the base to Blizna which was within the perimeter of the SS Troop Training Base at Debica.
Between the years 1940 and 1944, one of the components of the Nazi armed forces, the Waffen SS, established a large military camp in the forest adjacent to the village of Pustkow near Debica. The camp housed the command of the SS training ground which surrounded it. To build the camp and the numerous military facilities throughout the entire exercise area, the SS used the displaced inhabitants of nearby villages, who were paid starvation wages as well as an unpaid labor force of prisoners, and prisoners of war who had been incarcerated in the three extermination camps that had been set up in Pustkow: a labor camp for Jews, a camp for Soviet prisoners of war, and a forced labor camp for Poles.
(Zabierowski, Govt. Ex. 174 at 1 (English translation)).
The first Polish forced laborers arrived on September 16, 1942, consisting of almost 1100 criminals from Zamek prison in Lublin. It was from this original group of criminals that the appointed camp leaders were chosen. They preyed upon other prisoners and did not hesitate to humiliate, beat, or kill their countrymen. Polish prisoners continued to arrive throughout 1942. The following arrivals are documented:
1. October 6, 1942 - 33 prisoners from the
Gestapo prison at
2. October 1942 - 7 prisoners from Lwow;
3. October 1942 - 60 prisoners from Pawiak
prison in Krakow;
4. November 22, 1942 - 70 prisoners from a prison
5. December 5, 1942 - 49 prisoners from Warsaw;
6. Late December 194 - 70 prisoners from Warsaw;
7. December 1942 - 150 prisoners from Tarnow
8. December 13, 1942 - 16 prisoners from Tarnow;
9. December 31, 1842 - 9 prisoners from
(Zabieroski, Govt. Ex. 174 at 65 (English Translation)). By the end of 1942, approximately 1500 prisoners had arrived.
After each new prisoner transport arrived, the prisoners were shorn, photographed, and deloused. During the first period the prisoners wore their own clothing, but during the second period they surrendered their clothing at the warehouse and they were given camp clothing that had once been worn by Jewish prisoners. In winter, they received overcoats that had belonged to murdered Soviet prisoners of war.
After they changed clothing, the prisoners' names were entered in the register and their biographical information taken. Prisoners were then given numbers in place of their names.
From the outset the prisoners' clothing bore the letter P and their camp number. These designations were worn on the left breast and right shoulder blade area, as well as on jackets and coats and also on the right trouser leg. The letter P was 15 centimeters tall and three centimeters thick, and was applied in oil paint the trousers also had yellow stripes. The number was painted in red on white cloth. . . .
(Zabierowski, Ex. 174 at 116-17 (English translation)).
The entire camp admittance ceremony was accompanied by beatings, abusive language, and vulgarity. Conditions for the Polish prisoners at Pustkow were cruel and inhumane and only slightly better than those afforded Jewish inmates.
The history of conditions for Poles in this camp can generally be broken into two periods: The first lasted from September 16, 1942, until the end of March 1943, and the second from April 1943 until the camp was evacuated on July 27, 1944. During both periods, the prisoners received starvation rations and slept in unheated barracks. By the end of 1942, prisoners were dying en masse from murder, abuse, starvation, and typhus. Corpses piled up faster than they could be disposed of. By March 1943, of the approximately 1500 prisoners that had arrived between September 16, 1942 and January 1, 1943, more than 900 had died as a result of disease, exhaustion, or murder. In January 1943, after an inspection by Commandant Voss, further transports of Polish prisoners into Pustkow were halted until April of that year. Afterwards:
the camp began to be adapted to human needs. The barracks were weatherproofed by covering the walls with a second layer of boards, and insulated using moss. Deal board floors were laid, and windows installed. Inside the barracks, the two-tiered shared bunks were replaced by three-tier bunks that slept one to a bed. The prisoners received mattresses, blankets and pillows, which they did not have previously. A bathhouse with showers was built, and the prisoners received a weekly shower and a change of clothing. Lavatories were installed in the barracks and two latrines were constructed.
Zabierowski, Govt. Ex. 174 at 68. Although the physical accommodations improved, the treatment of prisoners remained brutal during the second period. Prisoners continued to be beaten, hanged, and shot on a routine basis. Punishment for infractions, real or imagined, were severe and without recourse. Former prisoners described daily incidents of routine punishment that included flogging, beating, clubbing, stomping, kicking, stabbing, torture, hanging, and shooting. On average, at least two prisoners died each day during the second period and, in all, about 40 percent of the Polish prisoners who arrived at Pustkow did not survive their stay.
DISCUSSION AND FURTHER FINDINGS OF FACT
The burden of proof in a case like this should be and is high. To strip someone of citizenship is a grave and serious matter and should be done only where the evidence presented by the government is clear and unequivocal. Fedorenko v. United States, 449 U.S. 490, 101 S. Ct. 737, 66 L. Ed. 2d 686 (1981); Schneiderman v. United States, 320 U.S. 118, 63 S. Ct. 1333, 87 L. Ed. 1796 (1942). Because of the enormous consequences that attach to denaturalization, the burden of proof is very close to that required in a criminal case--proof beyond a reasonable doubt. Klapprott v. United States, 335 U.S. 601, 611-612, 69 S. Ct. 384, 389, 93 L. Ed. 266 (1949).
To see the United States government uncoil its mighty sinews and reach across time and distance to uncover facts is an amazing and frightening thing to behold. Indeed, seeking to discover the acts of a single individual across the temporal expanse of fifty years and a distance of an ocean and half a continent is a daunting task. Yet, through the efforts of the Justice Department and the international community, the activities of Wachmann Hajda have come to light. The government believes that the investigation has also demonstrated that the Defendant is Wachmann Hajda.
In circumstances such as this, when the facts that underlie the government's case are so difficult to obtain, the accused is at a substantial disadvantage in trying to find and develop facts that are exonerating. In such a case, the government has a special responsibility to make available to the accused, all relevant information, whether damning or exculpatory. This Court is satisfied that the Government has done so in this case.
The documentary evidence presented by the Government is overwhelming. A person with (or using) the same name, birth date, birth place, occupation, nationality, citizenship, and general physical description as Defendant, and having parents of the same name as Defendant's did, in certain fact, serve as an auxiliary guard in units at Trawniki, Treblinka, and in the SS Battalion Streibel. That same person unquestionably participated in the massacre of Jewish prisoners at Treblinka. Such evidence, along with the Agreed Facts, is sufficient to establish clearly and unequivocally that Wachmann Hajda and Defendant are one and the same.
I. DISCREPANCIES IN PHYSICAL DESCRIPTION
There are two overt discrepancies between the description of Wachmann Hajda and Defendant--height and hair color. As to Defendant's hair color, the court notes that, although Defendant's hair color at present is dark brown or black, Defendant's discharge documents from the service of the United States Army in Germany describe Defendant's hair color as "blond." Whether Defendant's hair becomes lighter after exposure to the sun or otherwise, it is clear that it was reasonable to have concluded in the 1940's that Defendant's hair was blond. As to the height discrepancy--173 centimeters versus 165 centimeters--this court has examined the translated versions of the German personnel documents in which the physical description of guard recruits was recorded. The personnel form asks for the identification of the documents from which the information was obtained; if that information is not provided, the form contains the following advisement, "recorded from the person's own statements." It is reasonable to infer from reading such forms that information about physical description could be, and often was, self-reported. (See Govt. Exs. 17-25). One discrepancy as to what might be a self-reported description is not sufficient to overcome the match between all of the other information in the personnel records of Wachmann Hajda and the Defendant's information.
Defendant also alleges a discrepancy in the identities of himself and Wachmann Hajda based upon Defendant's assumption that Wachmann Hajda bore an SS tattoo. Defendant asserts, without any supporting evidence, that all members of the SS had tattoos. Defendant does not have a tattoo. Dr. Sydnor, a noted historian of the Holocaust, testified at trial that tattooing was a ritual performed by members of regular SS units. He noted that while members of auxiliary units serving in Germany may have participated in that ritual, there is no evidence of regular tattooing of auxiliary unit personnel serving elsewhere. The court concludes therefore that there are no significant discrepancies between the physical descriptions of Wachmann Hajda and Defendant.
II. DEFENDANT'S DESCRIPTION OF EVENTS AT PUSTKOW
It is difficult to reconcile Defendant's recollections of Pustkow with the grisly description of Pustkow contained in the Zabierowski book. Defendant recalls seeing dead bodies on only a few occasions. Corpses were a fact of every day life at Pustkow. Even if Defendant arrived there during the second period, death and dying were still pervasive. The Zabierowski book does report an incident involving an escaped prisoner that matches Defendant's recollection of the dead body of a prisoner being propped up in a chair for the returning prisoners to see. However, Dr. Sydnor testified that this was a common way to discourage escape attempts and that similar displays were made at other camps. Moreover, the Defendant acknowledged reading an article about Pustkow. This incident may have been reported in that article. It is possible, if not likely, that Defendant learned of this incident, as well as the Blizna accident, through reading published materials about the war.
Defendant also testified that he never saw a prisoner punished or beaten at Pustkow. This assertion is completely inconsistent with every account of the Pustkow Labor Camp. Pustkow was a violent, brutal place where Polish, Jewish, and Soviet prisoners were beaten, shot, and mangled for the slightest infraction. It is unlikely, if not impossible, that Defendant was at Pustkow and failed to see punishment administered.
III. PUSTKOW & STANISLAW SWIECHOWICZ
Defendant claims that, while at Pustkow, he saw Stanislaw Swiechowicz, whom he had known from Jordanov. According to Defendant, Swiechowicz approached him and said "Bruno" and the Defendant said "Stashnik." He saw Swiechowicz one other time. This testimony is at odds with Defendant's deposition testimony, where he said that he had not known Swiechowicz in Jordanov, and that they met at Pustkow when Swiechowicz approached him and told Defendant that he was from Jordanov. This deposition testimony is also at odds with the deposition testimony of Swiechowicz, who said that he had known Defendant in Jordanov and that they had gone to school together. Swiechowicz testified that he had been unable to talk to Defendant on that occasion or on other occasions when he saw Defendant because there were guards nearby and talking was prohibited.
Swiechowicz did testify to seeing Defendant at Pustkow, however the discrepancies between his and Defendant's accounts seriously undermine Swiechowicz's credibility. In addition, it should be noted that Swiechowicz currently lives next door to Hajda's brother Wladyslaw and sister-in-law Helena, and that Swiechowicz's decision to come forward and testify was sealed over a bottle of Vodka.
Defendant's description of his original meeting with Swiechowicz is doubtful for two additional reasons. Defendant described Swiechowicz as wearing striped prisoner clothing. Swiechowicz testified that he was not a prisoner and that he wore solid white kitchen clothing. Finally, Defendant's description of the greeting between himself and Swiechowicz raises questions. At his original interview with counsel for the Government, Defendant was asked whether he had ever gone by the name "Bruno." His response was "Oh, yeah Bruno. Because when I came here first, I couldn't speak any English. So they took me where you get a Social Security, and the people who gave it to me, they put the name, Bruno. And then I asked when I came to get papers, citizenship papers, that it was like that, and they said its not important, because it is the same thing." It reasonable to infer from that answer that Defendant did not use the name Bruno before coming to the United States and therefore it is not likely that Swiechowicz would have greeted him by that name in 1943 or 1944.
Finally, Defendant's description of the clothing at Pustkow and the markings thereon varies substantially from the detailed description of Pustkow prisoner garb described by Zabierowski. Defendant made no mention of the different colored triangles, the letter "P" or the bulls eye worn by prisoners who had attempted escape. The Court therefore concludes that the testimony of Swiechowicz and Defendant about their meeting in Pustkow is not credible.
Defendant did not recall when he left Pustkow, except that it was cold. He remembered that there were other prisoners at Pustkow when he left. He left by train and eventually arrived in Germany, near Dresden. He was uncertain as to how long the trip took, but stated it could have taken as long as five months. He arrived near Dresden either two weeks before the fire-bombing of that city or approximately two weeks after the bombing, or perhaps during the bombing.
V. KAZIMIERA MROZINSKA (FORMERLY KAZIMIERA HAJDA)
Defendant's sister, Kazimiera Mrozinska, testified by way of deposition, that during or after the war, her father told her that Defendant had been imprisoned in Pustkow. The documentary evidence shows after the war ended, Kazimiera, Stanislaw (Defendant's father), and Zofia (Defendant's mother) were tried for collaborating with the occupation forces. The charges grew out of the family's relationship with Emil Wilczek, a Polish policeman who worked with the SS and Gestapo during the occupation and was later murdered by Polish partisans. The Defendant was not charged in these proceedings and apparently was not in Jordanov when the events involving the charges took place. In her statement to the authorities given during those proceedings, Kazimiera denied involvement with Wilczek and concluded by stating, "My brother served in the German military, in the SS." Indeed, her father also stated to the authorities, "My son Bronislaw Hajda went to Germany to join the SS."
Defendant argues that the post-war statements of Kazimiera and Stanislaw are unreliable because they were given as a result of coercion. The evidence of coercion could be inferred from several documents. The first is a letter dated January 27, 1942 from Kazimiera to the Prosecutor of the Special Criminal Court in Krakow, wherein she says that she has been in prison for a year without having been questioned and that the charges are groundless. Defendant also submitted a letter dated February 14, 1946 from Dr. Kremer to the special Court in Krakow. Kremer was a lawyer and the public defender assigned to represent Stanislaw, Kazimiera, and Zofia. His letter merely asserts their innocence. Finally, Defendant submitted correspondence from the Deputy Prosecutor dated April 23, 1945, requesting that the investigation involving Kazimiera be expedited because she had been in jail since February 26, 1945. Whatever else can be said about the legal process involving the charges against members of the Hajda family, justice was not swift. Eventually, all were exonerated although there was testimony tending to support the accusations against them. This court does not conclude, as Defendant suggests, that the fact that the authority was Communist or that Kazimiera was in jail for a prolonged period, means that her statement about Defendant is unreliable. None of the documents establishes coercion. There was no incentive for Kazimiera to say that her brother collaborated with the Germans. Defendant was not a party to the proceedings, nor was he ever in Poland. The charges had nothing to do with him. Why it would benefit a family accused of collaborating with the Germans to say that their relative collaborated with the Germans is a mystery.
Finally, as to Kazimiera's 1945 signed statement, Defendant would have this court infer from the compression of the lines in which the reference to Defendant is made, that the document has been altered. There are several plausible, innocuous explanations for the appearance of the document; this court thus declines to accept Defendant's explanation. The court concludes that Kazimiera's statement that her father told her that Defendant was imprisoned at Pustkow is not believable and that her statement made in 1945 that he worked with the SS during the war is credible. Similarly, the court credits the statement of Stanislaw Hajda that his son had gone to join the SS.
VI. EXPLANATION OF SIMILARITY IN DESCRIPTION
Finally, Defendant suggests that an imposter may have stolen Defendant's identity and served as a Trawniki man. As one explanation as to how this could happen, Defendant claims that when he was arrested on the train to Warsaw, the Gestapo kept his identity papers. Implicit in this argument is the fact that all of the information in Wachmann Hajda's personnel file was contained in the identity papers. But even if that were the case, at his initial interview on January 29, 1993, Defendant surmised that he was arrested because he did not have the correct papers, he only had a paper saying that he was an apprentice shoemaker. At his deposition on December 15, 1994, Defendant testified that on the train, he had an identification card and an apprenticeship card when he was arrested. In light of these inconsistencies, it would be pure speculation to conclude that the Gestapo had reason to create a false Bronislaw Hajda especially where, as here, the alleged Gestapo imposter wound up in a ragtag construction unit fleeing the Soviet Army in disarray.
Based on the foregoing, this court concludes that Wachmann Hajda and Defendant are one and the same and that Defendant intentionally misrepresented his activities from January 1943 through April 1945 in order to obtain entry into the United States. In particular, Defendant was not a person who was "the concern" of the International Relief Organization pursuant to 62 Stat. 3037-3035. Defendant's service as an auxiliary in the guard units at Training Camp Trawniki, his assistance in the murder of 300 to 700 Jewish prisoners at Treblinka, his service as an armed guard at Treblinka, and his service in the SS Battalion Streibel, all constituted assistance in the persecution of civil populations within the meaning of those terms as used in 62 Stat. 3051, 3052. Defendant was therefore ineligible to receive a visa under the DPA.
In addition, Defendant's membership and participation as an auxiliary in the guard units at Training Camp Trawniki, Treblinka Labor Camp, and SS Battalion Streibel constituted membership or participation in a movement hostile to the United States and to the form of government of the United States, and rendered Defendant ineligible to receive a visa under Section 13 of the DPA. Moreover, in seeking a determination from the DPC that he was an eligible displaced person, Defendant misrepresented material facts and necessarily concealed his service in auxiliary guard units at Training Camp Trawniki, the Treblinka Labor Camp, and in SS Battalion Streibel, for the purpose of gaining admission into the United States within the meaning of § 10 of the DPA. Defendant similarly wilfully misrepresented material facts on Form I-144 within the meaning of § 10 of the DPA.
Because Defendant was not eligible to receive a visa under the DPA, his entry into the United States pursuant thereto was unlawful under Section 2(b), Displaced Person Act, 62 Stat. 1009, 1013 (1948). Because Defendant's entry into the United States was unlawful, his subsequent naturalization was unlawful under Section 316(a)(1) of the INA, 8 U.S.C. § 1427(a)(1). Defendant's citizenship was therefore illegally procured and must be revoked, as provided in Section 340(a) of the INA, 8 U.S.C. § 1451(a).
Defendant Bronislaw Hajda intentionally misrepresented material facts in connection with obtaining a visa to enter the United States; therefore his citizenship is revoked, the order admitting him to citizenship is vacated, and Certificate of Naturalization No. 7537428 is canceled.
United States District Judge
(a) Statement of Uncontested Issues of ...