PERUVIAN NARCOTRAFFICKER FERNANDO ZEVALLOS:

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
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Receipt Card is no longer valid, that airlines may not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