Geiser, 83, did not cite his Nazi ties on his visa application, but he is not accused of lying about them. Files from the period have been lost and it is not clear what questions he was asked.
Anton Geiser’s work as a guard meets the type of persecutory conduct banned under the Refugee Relief Act, which was in effect when he entered the U.S., the ruling said.
His lawyer, Adrian N. Roe, argued to the court this year that guards not deemed war criminals were sometimes allowed in by the State Department. He complained that the Justice Department, in its efforts to expel former Nazis, was revisiting decisions made a half-century ago.