GLPOST

Federal judge revokes U.S. citizenship of convicted Rwandan man

Gervais Ngombwa convicted in January of naturalization fraud
A federal judge this week revoked the U.S. citizenship and cancelled the naturalization certificate for a Rwandan man convicted in January for making false statements to authorities to gain access into the states and obtain citizenship.

Prosecutors asked the court in April to revoke the citizenship of Gervais “Ken” Ngombwa, 56, because he was convicted of unlawfully obtaining naturalization or citizenship. Ngombwa became a naturalized citizen Nov. 19, 2004, and after that he and his wife and some of their children settled in Cedar Rapids.

U.S. District Chief Judge Linda Reade said in the ruling that conviction under this law is a “mandatory denaturalization” of the person and she has no discretion. Ngombwa was convicted by a jury in January of one count of unlawfully procuring or attempting to procure naturalization or citizenship; one count of procuring citizenship to which he was not entitled; one count of conspiracy to unlawfully procure citizenship; and one count of making a materially false statement to agents of the Department of Homeland Security.

Ngombwa must immediately surrender and turn in his original Certificate of Naturalization and any copies, any passports, voter registration cards and other voting documents to the U.S. Attorney’s Office in the Northern District, according to the order.

Trial evidence showed Ngombwa made false statements to authorities about family relationships in attempt to get his application approved for relocation following the 1994 genocide in Rwanda and later to obtain citizenship, according to trial testimony. He misled authorities about the identity of his brother, saying he was a prime minister who ended up in exile, a relationship that would make it difficult for him to go back to Rwanda and help ensure him refugee status for the U.S. The former prime minister wasn’t his brother.

There also was testimony that Ngombwa was a Hutu and a leader with MDR-Power, the group that aligned with Hutu extremists in the war, and he was convicted in the community courts of Rwanda for participating in transporting militia members involved with the genocide of nearly 1 million Rwandans.

During a detention hearing after Ngombwa’s conviction, a Homeland Security agent testified there is still an outstanding arrest warrant for Ngombwa in Rwanda for his participation in the genocide.

Ngombwa also asked the court earlier this month for a new trial based on ineffective assistance of counsel, claiming his lawyer John Burns failed to interview essential and material witnesses. Reade, however, ruled that the claim of ineffective assistance of counsel failed and there are no grounds for a new trial.

Sentencing hasn’t been set at this time, but Ngombwa faces up to 30 years in federal prison. He also has pending arson charges in Linn County District Courts stemming from a 2013 domestic dispute where he is accused of setting a fire in his home.

Source: http://www.thegazette.com/

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