A lawyer for the Cleveland area man accused of being a Nazi death camp guard says the elderly suspect needs chemotherapy and is unfit for trial.

John Demjanjuk was released from federal custody late Tuesday, just hours after immigration officers took him from his Ohio home in a wheelchair. He'd been scheduled for deportation to Germany to face a possible war crimes trial.

An appeals court is giving the 89-year-old another chance to argue that deportation would amount to torture, due to medical conditions that include kidney disease. His German attorney also says Demjanjuk has a kidney tumor.