A recent U.S. Court of Appeals for the Seventh Circuit ruling, Firishchak v. Holder, 2011 WL 547482 (Feb. 14, 2011), highlights the significance of collateral estoppel (issue preclusion) in the government’s efforts to expel those who had participated in committing Nazi crimes. In Firishchak, the Seventh Circuit precluded defendant/respondent from re-litigating during a removal (deportation) proceeding facts concerning his activities as a Nazi collaborator that were established during the antecedent denaturalization trial.
The events giving rise to this litigation arose during World War II. In their June 1941 invasion of the Soviet Union, the Germans overran eastern Poland. They quickly instituted anti-Jewish measures in the conquered areas, such as issuing new identification papers to all Jews identifying them as Jews and forcing them to live in designated ghettos. To assist in policing the area and carrying out their anti-Jewish policies, the Nazis established the Ukrainian Auxiliary Police (UAP), a force they financed, controlled and operationally directed.
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