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When Ernst Zundel was nailed in the US his visa had expired. He was therefore an illegal alien. One could argue that he married his German-born American wife to seek cover for his Holocaust-denial website, by trying to claim it was she not he who is responsible for it. It was all a gambit to keep publishing his filth.

According to Zundel, his Visa expired but he was awaiting a hearing. The government claimed to have moved the hearing date forward and Zundel did not attend, having attended numerous previous hearings. He, his wife and his attorney all claim that they were not notified of the change in hearing dates.