Federal judge denies new trial for Rwandan man convicted of naturalization fraud

A federal judge denied a new trial on Friday for a Rwandan man who was convicted in January of naturalization fraud for making false statements to authorities to relocate to the United States and to obtain citizenship.

Ngombwa asked the court for a new trial based on ineffective assistance of counsel, claiming his lawyer John Burns failed to interview essential and material witnesses.

Several of children of Gervais 'Ken” Ngombwa, 56, testified Friday, saying they could have been witnesses during his trial to clear up any dispute over family relationships, but Ngombwa's lawyer never called them as witnesses.

Ngombwa was convicted 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.

The family relationships were at issue because Ngombwa made false statements about them to authorities 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.

Ngombwa's son, Gilbert Mugarula Grant, 37, testified at Friday's hearing that he never heard his father speak against the Tutsi people, who Hutu extremists hunted down and killed during the civil war in Rwanda. Grant also said his father wasn't political.

There 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.

Other children also testified but most of them were too young to remember their time in Rwanda. They did confirm their father was only married to their mother.

There was testimony at trial that Ngombwa also was married to another woman at the same time, which he denied on immigration forms.

Burns also testified Friday he didn't have most of the children testify because all of them were so young when they fled Rwanda and couldn't testify about what their father did or didn't say to authorities.

U.S. District Chief Judge Linda Reade, who was the trial judge, said there was no grounds for a new trial.

Ngombwa's sentencing hasn't been set at this time. He also has pending arson charges stemming from a 2013 domestic dispute in Linn County District Court.