A lawyer for alleged Nazi guard John Demjanjuk says the government is wrong when it claims the 89-year-old is healthy enough to travel.

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The Justice Department has asked a federal appeals court in Cincinnati to allow it to deport Demjanjuk from his suburban Cleveland home to Germany.

An arrest warrant in Munich alleges he was a guard at a death camp in Nazi-occupied Poland in 1943.

The government filed a video last week showing Demjanjuk walking on his own.

The lawyer's response was filed Tuesday. It says that Demjanjuk may be able to walk a few steps unassisted but that medical evidence shows arrest, incarceration and trial would cause severe pain.

Demjanjuk says he was a prisoner of war.