United States v. Vytautas Gecas

TJOFLAT, Circuit Judge:

Appellant, Vytautas Gecas, is a Lithuanian national who has lived in the United States as a resident alien for thirty-four years. The United States subpoenaed oral and written testimony from Gecas concerning allegations that he participated in the persecution of persons because of their race, religion, or political opinion during World War II. Such conduct would render Gecas deportable. See 8 U.S.C. § 1251(a)(4)(D) (1994). Gecas refused to testify and instead invoked the Fifth Amendment’s privilege against self-incrimination. See U.S. Const. amend. V, cl. 2.

The United…