Justice Department Files Case to Revoke the Naturalization of Former Peruvian Army Commander

Today, the U.S. Department of Justice and the United States Attorney for the Southern District of Florida filed a civil denaturalization complaint in the United States District Court in Miami, Florida, against Luis Miguel Fernandez Gaviola, a native of Peru who was charged with eight extra-judicial killings in Peru.

Fernandez served as a Deputy in Charge of Infantry in the G-2 of the 31st Infantry Division of the Peruvian military. In this role, he commanded a unit that killed eight residents of the District of Pucará, Peru, in November 1989 based on the victims' alleged membership in a certain political group, before coming to the United States in 1992 while hiding his horrific past actions.

"No one who commits atrocities like these is entitled to the precious gift of U.S. citizenship," said Assistant Attorney General Brett A. Shumate of the Justice Department's Civil Division. "We owe it to the American people to protect them from human rights violators who abuse positions of power, wherever they engaged in their offensive acts."

"United States citizenship is a profound privilege, reserved for those who obtain it honestly and in accordance with the law," said U.S. Attorney Jason A. Reding Quiñones for the Southern District of Florida. "This civil action alleges that the defendant concealed material facts about his past, including involvement in grave human rights abuses, in order to obtain that privilege. While these are allegations only, our responsibility is clear: when credible evidence shows that citizenship may have been procured through fraud or concealment, the Department of Justice will act to protect the integrity of our immigration system and the rule of law."

In 2003, when he applied for adjustment of status as a permanent resident of the United States, he falsely stated under penalty of perjury that he had no foreign military service and that he had never participated in the killing of anyone because of their political opinion. When he applied for naturalization as a U.S. citizen four years later, he falsely testified under oath that he was never involved in persecution based on political opinion and had never given false or misleading information to any U.S. government official while applying for any immigration benefit.

The case was investigated by the Human Rights Violator Law Division, Office of the Principal Legal Advisor, U.S. Immigration and Customs Enforcement of the U.S. Department of Homeland Security and will be litigated by the Affirmative Litigation Unit of the Civil Division's Office of Immigration Litigation and the U.S. Attorney's Office for the Southern District of Florida.

The claims made in the complaint are allegations only, and there has been no determination of liability.