Diaz Gets 8 Months For Citizenship Lie, On Top Of 35 Years

CHARLOTTE, N.C. – Herbert Leonel Diaz, 53, is adding to his already lengthy prison sentence. The naturalized U.S. citizen was sentenced today to eight months in federal prison for naturalization fraud, a pathetic attempt to evade justice for horrific crimes. U.S. District Judge Kenneth D. Bell handed down the sentence, to be served concurrently with the 35-year term Diaz is already serving in California.

The U.S. Attorney’s Office for the Western District of North Carolina, led by Dena J. King, and ICE-ERO’s Sean Ervin, revealed a pattern of deceit. From December 2003 to August 2006, while in Corona, California, Diaz committed multiple sexual offenses against a child. When the victim finally came forward in August 2006, Diaz didn’t wait for the law to catch up – he bolted, landing in Henderson, North Carolina.

But running didn’t solve his problems. In November 2010, Diaz brazenly applied for U.S. citizenship, lying straight to USCIS. He checked “No” when asked if he’d ever committed a crime he hadn’t been arrested for – a bold-faced lie, signed under penalty of perjury. He doubled down during his March 2, 2011 interview in Charlotte, swearing under oath he was clean. Just weeks later, on March 30, 2011, he was granted citizenship, a mockery of the process.

The house of cards collapsed in 2012 when North Carolina authorities arrested Diaz on an outstanding warrant stemming from those California crimes. Extradited back to the Golden State, he pleaded guilty in 2014 to five counts of lewd acts with a child, earning himself a 35-year sentence. But the fraud wasn’t forgotten. A bench trial in September 2021 found Diaz guilty of naturalization fraud, automatically triggering the revocation of his citizenship – a small victory for those who followed the case.

U.S. Attorney King rightly thanked ICE-ERO for their dogged investigation, highlighting their “Operation False Haven” initiative. This operation targets convicted sex offenders and other dangerous individuals who fraudulently obtained citizenship, a clear signal that ICE is actively pursuing these cases. Assistant U.S. Attorney Kenneth Smith skillfully prosecuted the case, ensuring Diaz faced consequences for his deception.

This case isn’t just about lying on a form; it’s about a predator attempting to shield himself from justice. Diaz thought he could outrun his past and exploit the system. He was wrong. The combined efforts of federal and state agencies have ensured that he will remain behind bars for a very long time, and stripped of the privilege he fraudulently obtained.

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