John Kalymon's lawyer had asked for a competency hearing, saying dementia would prevent him from testifying in his own defense about events from the 1940s. But Judge Elizabeth Hacker said no.
Hacker says there's "overwhelming" evidence that Kalymon failed to disclose his role in the police force when he entered the U.S. in 1949. The government says the former engineer shot at Jews, although Kalymon denies it.
Hacker's was announced Monday, but the actual opinion was not released then. It was obtained Wednesday by The Associated Press. Kalymon will stay in the country while he appeals the deportation.