Fedorenko was arrested and, in June 1978, brought for a denaturalization trial in district court at
Fort Lauderdale, Florida. He testified over three days, denying that he had actually entered the section of the camp where the gas chambers were located but admitted that he had once been posted on a guard tower overlooking this section of the camp. "I saw how they were loading up dead people, loading them on the stretchers. ... And they were loading them in a hole." Later in his testimony, he reconfirmed that this part of the camp "is where there was the workers that took the bodies and buried them or stacked them in the holes. This is where the gas chambers were." Concerning the unloading of Jews from the trains, he testified: "Some were picked for work and the others, they went to the gas chambers". Fedorenko argued that his service at Treblinka had been involuntary and, since he had worked only as a perimeter guard, he had virtually no contact with the prisoners. He had mistreated no one and, therefore, when he lied on his immigration forms about his birthplace and wartime service, it was not about any
material fact that would have excluded him from entering the US." Six Treblinka survivors, however, testified that Fedorenko had in fact committed atrocities, namely beating and shooting Jewish prisoners. Eugeun Turowski said he saw Fedorenko shoot and whip Jewish prisoners. Schalom Kohn said Fedorenko beat him almost daily with an iron-tipped whip, and that he saw him whip and shoot other prisoners. Josef Czarny said he saw Fedorenko beat arriving prisoners and shoot one prisoner. Gustaw Boraks said he saw Fedorenko chase prisoners to the gas chambers, beating them as they went. He also said that on one occasion, he heard a shot and ran outside to see Fedorenko, with a gun drawn, standing close to a wounded woman who later told him that Fedorenko was responsible for the shooting. Sonia Lewkowicz said she saw Fedorenko shoot a Jewish prisoner. Lastly, Pinchas Epstein said Fedorenko shot and killed a friend of his, after making him crawl naked on all fours. He ruled that the 71-year-old Fedorenko had himself been a "victim of Nazi aggression" and that the prosecutors had failed to prove Fedorenko had committed any atrocities while serving as a guard at the
extermination camp. Further, after entering the US, Fedorenko had been a hard-working and responsible resident and citizen. He could keep his US citizenship. However, since this was a civil rather than a criminal case, the government could appeal the decision and chose to do so.
Allan Ryan then of the
Solicitor General's Office presented the appeal before the Fifth Circuit Court on behalf of the INS. He argued that Fedorenko's deception when entering the US was a material fact that justified revocation of citizenship, that the district court had erred in judging the credibility of the survivor witnesses, and that it erred in its determination that Fedorenko's good conduct in the US after the war was relevant to the decision about revoking his citizenship. The appellate court agreed and, in August 1979, reversed the district court's decision. Fedorenko
appealed to the Supreme Court which, in January 1981, sustained the appellate court's decision. After losing his appeal, Fedorenko was taken into federal custody on December 10, 1984 and imprisoned at the Salem County Jail. Twelve days later, he became the first Nazi war criminal to be deported to the Soviet Union. ==Soviet trial and execution==