Luis Miguel Fernandez Gaviola, Extra-Judicial Killings, Florida 2023

Luis Miguel Fernandez Gaviola, a former Peruvian Army Commander, is at the center of a shocking case of extra-judicial killings. The 31-year-old Fernandez commanded a unit that killed eight residents of the District of Pucará, Peru, in November 1989.

The victims were killed based on their alleged membership in a certain political group. Fernandez, a native of Peru, came to the United States in 1992 while hiding his horrific past actions.

‘No one who commits atrocities like these is entitled to the precious gift of U.S. citizenship,’ said Assistant Attorney General Brett A. Shumate of the Justice Department’s Civil Division.

‘United States citizenship is a profound privilege, reserved for those who obtain it honestly and in accordance with the law,’ said U.S. Attorney Jason A. Reding Quiñones for the Southern District of Florida.

In 2003, when he applied for adjustment of status as a permanent resident of the United States, he falsely stated under penalty of perjury that he had no foreign military service and that he had never participated in the killing of anyone because of their political opinion.

When he applied for naturalization as a U.S. citizen four years later, he falsely testified under oath that he was never involved in persecution based on political opinion and had never given false or misleading information to any U.S. government official while applying for any immigration benefit.

The case was investigated by the Human Rights Violator Law Division, Office of the Principal Legal Advisor, U.S. Immigration and Customs Enforcement of the U.S. Department of Homeland Security and will be litigated by the Affirmative Litigation Unit of the Civil Division’s Office of Immigration Litigation and the U.S. Attorney’s Office for the Southern District of Florida.

The claims made in the complaint are allegations only, and there has been no determination of liability.

Luis Miguel Fernandez Gaviola, the defendant/respondent, is a native of Peru who was charged with eight extra-judicial killings in Peru. Defendant’s full name: Luis Miguel Fernandez Gaviola. Exact criminal charges: eight extra-judicial killings. City and state: Miami, Florida. Exact date of the crime: November 1989. Sentence or outcome: The case is currently pending. No dollar amounts are applicable in this case.

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