Holocaust denier Ernst Zundel apparently wanted to move to the United States from Germany. (I say apparently because the decision on which I’m reporting, just posted on Westlaw but decided March 31 by the U.S. Department of Homeland Security Administrative Appeals Office, referred only to one E.C.Z., but both the initials and the facts described in the decision fit Zundel and likely no one else.) He would normally get an immigrant visa, because his wife of 16 years — who is about 80 years old — is a U.S. citizen. But he was classified as inadmissible because he has been convicted of foreign crimes for which the sentence was five years or more:
[I]n 2007 the Applicant was convicted in Germany of 14 counts of incitement to hatred and one count of violating the memory of the dead. The Applicant was sentenced to an aggregate of five years in prison.
And though a waiver of inadmissibility was possible — because of extreme hardship to Zundel’s elderly wife — the office concluded that there was good reason to deny the waiver:
The negative factors in the Applicant’s case include his long history of inciting racial, ethnic, and religious hatred. The record shows that the Applicant is a historical revisionist and denier of the Holocaust, distributing writings, books, tapes, videos, and broadcasts to promote his views. The record indicates further that these publications agitated for aggressive behavior against Jews. Furthermore, the Applicant has been a leader in these activities for decades and has shown no regret or remorse for his actions. Thus, we find that the negative factors in the Applicant’s case outweigh the positive such that a favorable exercise of discretion is not warranted.
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