US embassy cable - 04LIMA126

PERUVIAN NARCOTRAFFICKER FERNANDO ZEVALLOS: INITIATING PROCESS TO REVOKE LPR STATUS

Identifier: 04LIMA126
Wikileaks: View 04LIMA126 at Wikileaks.org
Origin: Embassy Lima
Created: 2004-01-09 16:32:00
Classification: SECRET
Tags: CVIS SNAR PREL KCRM PINR PE Peruvian Narcotraffickers
Redacted: This cable was not redacted by Wikileaks.
This record is a partial extract of the original cable. The full text of the original cable is not available.

S E C R E T SECTION 01 OF 03 LIMA 000126 
 
SIPDIS 
 
STATE FOR WHA/AND, INL 
DEA FOR OC, OF (PRACHT, OFL (EMERSON), CC (SHORT) 
CIA FOR CNC 
TREASURY FOR FINCEN 
DHS FOR ICE 
MEXICO FOR DHS DISTRICT DIRECTOR 
 
E.O. 12958: DECL: 01/08/2014 
TAGS: CVIS, SNAR, PREL, KCRM, PINR, PE, Peruvian Narcotraffickers 
SUBJECT: PERUVIAN NARCOTRAFFICKER FERNANDO ZEVALLOS: 
INITIATING PROCESS TO REVOKE LPR STATUS 
 
REF: 03 LIMA 5174 
 
Classified By: Polcouns Alexander Margulies.  Reason:  1.5(b/d). 
 
1.  (SBU)  Embassy's Department of Homeland Security (DHS) 
office plans to deliver two letters on January 13: 
 
--  one to suspected narcotrafficker Fernando Zevallos 
Gonzalez requesting that he present himself at the Embassy to 
make a sworn statement regarding his eligibility to enter the 
U.S. as a Legal Permanent Resident (LPR) and informing him 
that there is reason to believe that he is excludable and 
that he has abandoned his status as an LPR (para 5); and 
 
--  a second letter to all airlines operating internationally 
from Peru, informing them that DHS is taking action to 
determine Zevallos' eligibility to enter the U.S. as an LPR, 
that until his status is clarified Zevallos does not appear 
eligible to enter the U.S., that his Alien Registration 
Receipt Card is no longer valid, that airlines may not 
transport Zevallos to the U.S., directly or indirectly, and 
that failure to comply could result in fines, penalties and 
even seizure of the aircraft (para 6). 
 
2.  (S)  Given Zevallos' prominence in Peru (Reftel) and the 
wide circulation the letter to the airlines will likely 
receive, it is to be expected that word of DHS's action will 
soon become public knowledge and stimulate the sort of 
speculative reporting which is a hallmark of the Peruvian 
press.  Privacy act requirements limit official comment upon 
the case, and Mission responses to press queries will be 
dictated by these constraints.  Post proposes the following 
"if asked" guidance. 
 
Q:  What prompted this DHS action? 
 
A:   Privacy Act requirments limit what can be said, but 
there is a question as to the eligibility of Mr. Zevallos to 
enter the United States. 
 
Q:  If there is doubt about his status now, how did he get a 
visa in the first place? 
 
A:  We intend to discuss this issue with Mr. Zevallos. 
 
Q:  In general can you say what might prompt the USG to take 
this kind of action? 
 
A:  I'd  have to refer you to DHS for any specific comment. 
 
Q:  Isn't it true that Mr. Zevallos is currently on trial for 
drug trafficking in Peru? 
 
A:  Yes. 
 
Q:   Did that fact influence DHS's decision? 
 
A:   Again, I am unable to comment on specific aspects of Mr. 
Zevallos's case. 
 
3.  (S)  Should Zevallos present himself as requested, DHS 
Acting Officer-in-Charge intends to ask questions regarding: 
 
--  When and how Zevallos entered the United States over the 
past few years; 
 
--  Evidence of Zevallos' connections to the United States, 
such as copies of Federal and State Income Tax returns; and 
 
--  Zevallos's claim on his immigration visa application in 
1994 that he had never been arrested, when there is evidence 
that he was arrested on a murder charge in the late 1980s. 
 
4.  (SBU)  TEXT OF LETTER TO ZEVALLOS: 
 
Dear Mr. Zevallos, 
 
The United States Department of Homeland Security - U.S. 
Immigration and Customs Enforcement requests your presence at 
the American Embassy in Lima, Peru.  The purpose of this 
request is to take your sworn statement regarding your 
eligibility to enter the United States as an alien lawfully 
admitted for permanent residence. 
 
There is reason to believe that you are excludable from the 
United States and that you have de facto abandoned your 
status as a resident alien of the United States.  Section 287 
of the U.S. Immigration and Nationality Act and 8 USC 1357 
grants authority to this office to "administer oaths and to 
take and consider evidence concerning the privilege of any 
person to enter, re-enter, pass through or reside in the 
United States, or concerning any matter which is material or 
relevant to the enforcement of this Act and the 
administration of the Service..." 
 
Please be advised that under Section 291 of the U.S. 
Immigration and Nationality Act and 8 USC 1361, you have the 
burden of proof in establishing that you are not inadmissible 
for entry into the United States:  "Whenever any 
person...makes application for admission, or otherwise 
attempts to enter the United States, the burden of proof 
shall be upon such person to establish that he is eligible to 
receive such visa or such document, or is not inadmissible 
under any provision of this Act..." 
 
As your admissibility into the United States and your status 
as a resident alien are in question, you are advised that you 
may not travel to the United States without prior written 
authorization from the Department of Homeland Security 
authorizing you to do so. 
 
You have a period of 30 days from the date of this communique 
to contact this office so that we can arrange for your entry 
into the Embassy and prepare for the taking of your sworn 
statement.  You will have every opportunity to present 
evidence that validates your admissibility into the United 
States and status as an alien admitted for permanent 
residence in the United States.  It is important that you 
bring with you the Alien Registration and Receipt Cart ("The 
Green Card") that was issued to you by the Immigration and 
Naturalization Service. 
 
Failure to comply with this request will be understood as 
your acknowledgment and recognition that you have indeed 
abandoned your status as a resident alien of the United 
States. 
 
I avail myself of this opportunity to thank you in advance 
for your cooperation in this matter. 
 
Sincerely, 
 
Alonso Camarena Gonzalez 
Officer-Charge/Acting 
 
5.  (SBU)  TEXT OF LETTER TO AIRLINES: 
 
Dear Sir or Madam, 
 
The Department of Homeland Security - Immigration and Customs 
Enforcement Office advises all airlines that this office has 
taken action that seeks to determine the eligibility of Mr. 
Fernando ZEVALLOS Gonzalez to enter the United States as an 
alien lawfully admitted for permanent residence.  Until the 
question of his status is clarified, Mr. Zevallos does not 
appear to be clearly and beyond a reasonable doubt eligible 
for admission into the United States.  Mr. Zevallos' Alien 
Registration Receipt Card (I-551) is no longer valid, 
irrespective of the expiration date specified on the document 
itself. 
As such, you are advised that you may not transport Mr. 
Zevallos, either directly or indirectly, to the United States 
without prior written authorization from the Department of 
Homeland Security.  He is not to be allowed to board a U.S. 
bound flight, either from Lima or indirectly from a third 
country. 
You are advised that failure to comply with this memorandum 
could result in fines, penalties, and even seizure of the 
aircraft involved. 
 
Attached please find the authorities as are prescribed within 
the United States Immigration and Nationality Act and Title 8 
United States Code relating to the unlawful transportation of 
aliens to the United States. 
 
I avail myself of this opportunity to thank you and your 
employees for the outstanding and professional cooperation 
which you have always manifested to this agency. 
 
Sincerely, 
 
Alonso Camarena Gonzalez 
Officer-Charge/Acting 
 
END TEXT. 
 
6.  (S)  COMMENT:  The DHS action to invite Zevallos to an 
interview with a DHS officer assigned to Embassy Lima is the 
result of information that Zevallos may have commited fraud 
in applying for an immigrant visa in 1994.  At that time, 
Zevallos denied any previous arrest or involvement in 
narcotics trafficking.  It also appears that he has remained 
outside the U.S. for over one year causing his immigrant 
status to lapse.  Zevallos' high visibility in Peru and his 
reported ownership of Peru's largest airline, Aerocontinente, 
will likely draw media attention to the DHS action.  Zevallos 
is currently on trial in Lima for conspiracy to smuggle 3.3 
tons of cocaine to Mexico (with the U.S. its likely final 
destination) in 1995.  END COMMENT. 
CAULFIELD 

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