The opinion of the court was delivered by: SAMUEL DER-YEGHIAYAN, District Judge
The government brought this civil action against Defendant Osyp
Firishchak ("Firishchak") by filing a four count complaint
alleging that Firishchak's United States citizenship was
illegally procured, and therefore must be revoked pursuant
8 U.S.C. § 1451(a). A bench trial was held before this court on
August 1, 2, and 3 of 2005.
Firishchak has unsuccessfully attempted to deceive the
government and this Court. Firishchak's shameless attempt to
excuse himself from an inexcusable act is cowardly. We have taken
all of the evidence presented at trial into consideration and
have reviewed all of the documents submitted to the court by the
parties. We find that Firishchak lied on the stand before the court and we
find that he was a member of the Ukranian Auxiliary Police
("UAP") during World War II.
United States citizenship through naturalization is an honor
and a privilege. It would be a travesty of justice to grant
citizenship to an individual such as Firishchak or to allow him
to keep his citizenship which was procured illegally through
fraud and deceit. The evidence presented by the government and
Firishchak's own incredible testimony shows that he was a
participant in an organization that perpetrated some of the most
horrific acts against human decency ever known in history. Since
the government has shown by clear and convincing evidence that
Firishchak was a member of the UAP, the court cannot turn a blind
eye to his reprehensible conduct due to the passage of time or
his advanced age. Firishchak, after procuring his entry into the
United States illegally, has enjoyed over 50 years of the
benefits of a life in the United States, a life victims of the
atrocities were given no chance to enjoy. Sometimes the wheels of
justice grind slowly, but they grind exceedingly fine. Justice
has finally caught up with Firishchak.
1. Firishchak was born on April 18, 1919, in Trebuszany
(Trebusany, Trybushany, Tyshbushany), a town which became a part
of Czechoslovakia after World War I, and now is a part of Ukraine
(and renamed Delovoe (Delovoye)). 2. Firishchak's father was named Hrec (Hryts) Firishchak.
Firishchak's mother was named Mariya Firishchak (neé Yurkuch,
3. No other persons with Firishchak's name were born in the
town of Trebuszany on the same date that Firishchak was born
(i.e., on April 18, 1919).
4. On August 1, 1941, following Nazi Germany's June 1941
invasion of what was then Soviet territory, Nazi Germany
incorporated eastern Galicia into the so-called Government
General, a territory comprising the central and southern part of
Nazi-occupied prewar Poland. The new Galician territory,
designated "District Galicia," was ruled from the city of L'viv
(L'vov, Lwow), which the Germans called Lemberg.
5. In August 1941, the German Commander of the Order Police for
District Galicia directed the formation of Ukrainian auxiliary
police ("UAP") forces, also commonly referred to as the
"Ukrainian Police," to aid German occupation authorities in
policing the district.
6. Throughout its existence, the UAP in District Galicia was
financed, and operationally directed and controlled, by German
authorities. The members of the UAP in L'viv were uniformed,
armed, paid a salary, and were given various benefits by the
German authorities, including leave, and preferential access to scarce heating fuel, potato and other rations in
7. The Nazi occupation forces enacted a series of race-based
persecutory policies against the civilian population of District
Galicia. Jews were at the bottom of the Nazi racial hierarchy,
and the persecution and eventual elimination of Jews was a
central objective of the Nazi invasion of eastern Europe and the
territories of what was then the Soviet Union, and its subsequent
8. Poles and Ukrainians also were considered by the Nazis to be
of low racial value, but not nearly as low as Jews. Unemployed
Poles and Ukrainians, particularly young men, were at risk of
being seized for local labor or transported to Germany to perform
labor for the German Reich.
9. Nazi persecutory policy toward the Jews in District Galicia
had three main components: 1) all Jews first were confined in
ghettos and issued new identification papers that identified them
as Jews; 2) nearly all of these Jews later were forcibly removed
from the ghetto for subsequent murder either by shooting or
gassing; and 3) a limited number of Jews whom the Germans
considered "work capable" temporarily were spared and were
transferred to forced labor camps where many died from
starvation, disease and other inhumane conditions. 10. The UAP was divided into "commissariats." Each commissariat
was responsible for a geographically defined section of the city
and was tasked to enforce German rule, including day-to-day
11. The 1st Commissariat of the UAP in L'viv had responsibility
for the heart of the city, where most offices of the German
security authorities were situated. The 1st Commissariat
encompassed a portion of the Jewish residential district
("ghetto") until spring 1942. Thereafter, the northern boundary
of the 1st Commissariat abutted the southern edge of the L'viv
12. The headquarters building of the 1st Commissariat of the
UAP was located at 30 Kazymyrivska (Kasimir) Street in L'viv.
13. Firishchak began working for the 1st Commissariat of the
UAP in L'viv (Lwow, L'vov, Lemberg) on October 25, 1941. He held
the rank of Wachtmeister (Police Private). Firishchak served in
the 1st Commissariat of the UAP until at least October 1943.
14. At some time in October 1943, Firishchak transferred from
the 1st Commissariat to the Guard Company of the UAP in
L'viv, and served in that unit until shortly before the German
occupation forces fled L'viv in July 1944. 15. The Guard Company of the UAP was situated in the heart of
what had until June 1943 been the Jewish ghetto in L'viv.
16. During his service in the UAP in L'viv, Firishchak was
uniformed, armed, and paid a salary, and he received all of the
benefits accorded by the German authorities to members of the
17. During his service in the UAP in L'viv, Firishchak
performed all of the duties of a Ukrainian Auxiliary policeman,
which included on a routine and daily basis enforcing Nazi
18. UAP participation was central to the implementation of all
facets of Nazi anti-Jewish policy. On a routine and daily basis,
the men of the UAP all contributed to the Nazi persecution of the
Jews of L'viv.
19. The Ukrainian Auxiliary policemen in L'viv enforced Nazi
persecutory measures against those who the Nazis deemed dangerous
or undesirable because of their race, religion, national origin
or political belief, especially the Jews in the city. These
activities included checking personal identification documents
and arresting Jews who lacked special work passes, and arresting
Jews who failed to wear an armband bearing the Star of David
symbol that publicly identified them as Jews. All members of the
UAP performed these duties.
20. Even enforcement of rules applicable to the general
civilian population had a disproportionate effect on the Jews of
L'viv. For instance, because food rations for Jews were set at
half those of non-Jews, Jews were forced to try to make up for
the deficiency by purchasing more expensive goods on the black
market. Policing of black market activity by the UAP thus
impacted more heavily on the Jewish population.
21. In November 1941, all Jews living in L'viv were ordered to
move to a newly-created Jewish ghetto north of the city center.
The area was cleared at the same time of all non-Jews. The
operation was not completed until spring 1942.
22. During this ghettoization process, German police and
security personnel screened Jews moving into the quarter for
personal valuables, which they seized. Security forces also
selected ill, weak, or old Jews for immediate "resettlement" a
Nazi euphemism for murder. Persons so selected were removed to a
nearby forest and shot. Thousands of Jews were killed during the
23. German security forces began the reduction of L'viv's
ghetto in a series of actions in March 1942, even as the ghetto was itself still being
consolidated. Jews were first collected at a school, then were
transferred to a railhead on the edge of the city, from where
most were taken by train for "labor deployment in the East"
another Nazi euphemism for murder, in this instance in the gas
chambers of Belzec extermination center, outside of L'viv. A few
Jews were transferred to Janowska Forced Labor Camp in L'viv,
where almost all died.
24. Ukrainian Auxiliary policemen in L'viv performed so-called
"extraordinary" duties with regard to the ghetto, which included,
inter alia: taking part in sweeps of the ghetto during periodic
reduction actions; manning cordon posts around the city to
prevent Jews from escaping before and during such actions; and
hunting for Jews who attempted to hide or flee.
25. Throughout its existence, the UAP in L'viv did not have
sufficient manpower to carry out the responsibilities assigned to
it by German security authorities, particularly with regard to
its "extraordinary" duties, i.e., those relating to periodic
reductions of the Jewish ghetto. All members of the UAP
including Firishchak thus performed these "extraordinary"
26. Ukrainian Auxiliary policemen, including members of the 1st
Commissariat, took part in the March 1942 ghetto reduction
actions, and delivered to their German superiors thousands of
Jews for "resettlement." 27. Another round-up of Jews took place in L'viv on June 24-25,
1942. The Jews were sent to Janowska Forced Labor Camp, or were
"locally resettled," i.e., shot in a forest outside of the
28. Ukrainian Auxiliary policemen, including members of the 1st
Commissariat, participated in the round-up of Jews that took
place in L'viv on June 24-25, 1942.
29. In August 1942, German authorities began the largest ghetto
reduction action against the residents of the L'viv Jewish
ghetto, an action commonly known as the "Great Operation." During
this action, which began August 10 and continued until August 23,
Ukrainian Auxiliary policemen checked the identity papers of Jews
in the ghetto. Jews whose documents attested to employment in a
German-sanctioned industrial enterprise were left at liberty in
the ghetto; Jews who lacked the necessary authentication stamps
or documentation were seized and delivered to an assembly point
in the city center to await "resettlement." Ukrainian Auxiliary
policemen also: escorted Jews from the assembly point to the
railhead or Janowska Forced Labor Camp; provided search teams
that cleared Jews from apartments; escorted the Jews between
processing points; and manned the cordon duty posts to prevent
Jews from escaping from the city. During the two-week operation
members of the UAP seized and delivered for "resettlement" at
least 18,400 Jews. 30. Prior to the Great Operation, the UAP established a cordon
around L'viv to prevent Jews from fleeing the city to escape
"resettlement," as had occurred during earlier ghetto clearance
31. Members of the 1st Commissariat and its Department of
Street Traffic actively participated in all aspects of the Great
32. During the Great Operation of August 1942, Ukrainian
Auxiliary policemen, including members of the 1st Commissariat,
shot to death dozens of Jews who resisted, fled, or attempted to
33. On August 9, 1942, on the eve of the Great Operation,
Firishchak took part in a search to locate seven men who did not
report for duty with the 1st Commissariat's Department of Street
Traffic. Several of the men Firishchak had been assigned to
locate thereafter participated directly in the Great Operation.
34. Between March 1942 and June 1943, virtually all of the more
than 100,000 Jews in L'viv were seized and transported to killing
sites, including Belzec, or to forced labor camps. The Jewish
ghetto in L'viv (which became known as the "Jewish camp"
(Julag)) was liquidated in June 1943, and its Jews were shot or transferred to forced labor camps. Members of the 1st
Commissariat participated in these June ...