Attorneys for John Demjanjuk want an American court in Cleveland to set aside the ruling that led to his deportation to Germany and his conviction on Nazi war crimes charges.

The request for a new hearing on the retired autoworker's denaturalization could bring the decades-old case back to the United States.

Demjanjuk's attorneys charge that the government failed to disclose important evidence, namely a 1985 secret FBI report uncovered by The Associated Press that indicates the FBI believed a Nazi ID card purportedly showing Demjanjuk served as a death camp guard was a Soviet-made fake.

"The government has kept these materials hidden from view," according to the motion filed Tuesday in U.S. District Court in Cleveland.

Demjanjuk, 91, was convicted in a German court on May 12 of 28,060 counts of accessory to murder, finding that he served as a guard at the Nazi's Sobibor death camp in occupied Poland. He was sentenced to five years in prison.

Ukrainian-born Demjanjuk was a Soviet Red Army soldier captured by the Germans in 1942. The Munich court found he agreed to serve the Nazis as a guard at Sobibor.

Demjanjuk denies serving as a guard at any camp and is currently free pending his appeal. He's been in poor health for years and has been in and out of a hospital since his conviction.

He currently cannot leave Germany because he has no passport, but he could get a U.S. passport if the denaturalization ruling is overturned.

A federal appeals court has struck down a rule adopted last year by the Securities and Exchange Commission that gave shareholders more power to nominate board directors.

The U.S. Court of Appeals for the District of Columbia Circuit said the SEC was "arbitrary and capricious" in implementing the rule, which was widely supported by investor advocates. Judge Douglas Ginsburg said the SEC failed to estimate the cost to companies to campaign against investors' nominations.

The U.S. Chamber of Commerce and the Business Roundtable, a trade group of CEOs for the nation's largest companies, had challenged the rule, which was mandated under the financial overhaul passed by Congress last year.

A spokesman for the SEC said the agency is reviewing the decision and considering its options.

Supporters of the rule said it was necessary because risky corporate behavior, particularly on Wall Street, was a leading cause of the 2008 financial crisis. Getting candidates on the board would give investors a better shot at influencing company policy.

The rule would have allowed investors owning at least 3 percent of a company's stock to put their nominees for board seats on the annual proxy ballot sent to all shareholders. Before the Securities and Exchange Commission acted on the rule, investors had to appeal to shareholders at their own expense.