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status is clarified Zevallos does not appear eligible to enter the U.S., that his Alien Registration Receipt Card is no longer valid, that airlines may not transport Zevallos to the U.S., directly or indirectly, and that failure to comply could result in fines, penalties and even seizure of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