The U.S. Department of Justice and the United States Attorney for the Southern District of Florida have filed a civil denaturalization complaint in federal court against Luis Miguel Fernandez Gaviola, a native of Peru. The complaint alleges that Fernandez, who served as Deputy in Charge of Infantry in the G-2 of the 31st Infantry Division of the Peruvian military, was involved in eight extra-judicial killings in Pucará, Peru, in November 1989. According to authorities, these acts were committed based on accusations that the victims belonged to a specific political group.
Fernandez entered the United States in 1992. Officials claim he concealed his involvement in these actions when applying for immigration benefits. In 2003, during his application for permanent residency, Fernandez allegedly stated under penalty of perjury that he had no foreign military service and had not participated in politically motivated killings. Four years later, while seeking naturalization as a U.S. citizen, he reportedly testified under oath that he was never involved in persecution based on political opinion and had not provided false or misleading information to U.S. officials.
Assistant Attorney General Brett A. Shumate commented: “No one who commits atrocities like these is entitled to the precious gift of U.S. citizenship. 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.”
U.S. Attorney Jason A. Reding Quiñones for the Southern District of Florida stated: “United States citizenship is a profound privilege, reserved for those who obtain it honestly and in accordance with the law. 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.”
The investigation was conducted by Homeland Security’s Human Rights Violator Law Division within Immigration and Customs Enforcement (ICE). The case will be litigated by both the U.S. Attorney’s Office for the Southern District of Florida and attorneys from the Civil Division’s Office of Immigration Litigation.
Officials emphasize that all claims made so far are allegations only; there has been no determination regarding liability.
