"El Mayito Gordo" Zambada Wins Amparo

Yaqui for Borderland Beat from: Zeta/ Infobae/ Milenio

“El Mayito Gordo”, eldest son of “El Mayo”, wins amparo to be transferred from Jalisco to CDMX

A federal judge granted an amparo to Ismael Zambada Imperial, "El Mayito Gordo", son of the leader of the Sinaloa cartel, Ismael El Mayo Zambada , which represents another step in his intention to be transferred from prison.

Patricio Leopoldo Vargas Alarcón, Tenth judge of the Amparo District in Criminal Matters, granted an amparo to Ismael Zambada Imperial, better known as “Mayito Gordo” - son of the leader of the Sinaloa Cartel, Ismael Mario Zambada García, aka “El Mayo” - , to be transferred from the Federal Center for Social Readaptation (CEFERESO) 2 “Occidente”, in El Salto, Jalisco, to a prison in Mexico City.

According to the newspaper Milenio, which reported the fact, what the federal judge dictates does not order the transfer of a criminal, although it does not  effect the resolution of the Fourth District Court of Amparo in Criminal Matters of Zapopan - where the file 399/2015 was based - May of this year, with which the appeal filed by Imperial Zambada was dismissed, because the unspecified incident of transfer was determined inadmissible.

Now, the judge will have to issue another ruling where he must decide on the admission or not of the means of contesting the son of “El Mayo” Zambada García, which must be founded and motivated, as indicated by the same national newspaper.

“The responsible authority did not rule sufficiently and in detail about the grounds, motives and circumstances that led it to take the decision to dismiss the appeal, it is unquestionable that they were transgressed to the detriment of the imperative of protection, their fundamental rights of legality and legal certainty, not having the certainty of why the responsible enforcement judge acts, ”says the resolution of Vargas Alarcón.

The General Coordination of Federal Centers of the Deconcentrated Administrative Body Prevention and Social Readaptation informed at the time, that the center where "El Mayito Gordo" requested his transfer does not have the appropriate infrastructure.

Nor is the level of security necessary for the correct internment of said person, in addition to the fact that there is no agreement concluded between the Federation and Mexico City, to grant the requested transfer. Following that response, the authority determined that the unspecified transfer incident did not proceed, so the complainant appealed, but the judge dismissed his appeal.

However, Judge Vargas Alarcón pointed out that the Fifth District Court Specialized in the Execution of Penalties did not state in a clear, consistent manner the grounds that justify said determination.

On two previous occasions, Zambada Imperial has requested fundamental rights trials for the same cause. One of them before the Sixth Court specialized in the matter (1740/2014) and another in the Second Court of the same branch (1821/2014). Both were dismissed because the prison authorities denied the act claimed.

In November 2015, the Ministry of Foreign Affairs (SRE) granted the United States the extradition of the eldest son of “El Mayo,” after the endorsement of the Sixth District Judge in Federal Criminal Proceedings, based in the Eastern Prison, so that “El Mayito Gordo” was transferred to the country where his brothers Vicente Zambada Niebla, “El Vicentillo”, and Serafín Zambada Ortiz, “Flaco” are also imprisoned, also for drug trafficking charges.

However, the legal defense of “El Mayito Gordo”, as identified in the Southern District Court of California, promoted an amparo against the measure, so that he obtained a provisional suspension of the order that would deliver him to the US Government.

In March 2014, the Federal Prosecutor of the Southern District of California filed an accusation against the son of “El Mayo Zambada”, along with 14 other drug traffickers, for the crimes of unlawful association, conspiracy and illegal introduction of marijuana, cocaine and methamphetamines along the border of Tijuana, Baja California, to California and the East coast of the USA, as well as conspiracy to launder money.

After the judge's decision, the SRE endorsed the extradition order, considering that the United States government had complied with the corresponding guidelines, so it made the arrangements with the US government for the delivery of Imperial Zambada.

On November 12, 2014, the eldest son of “El Mayo Zambada” was captured after an operation carried out by the Secretariat of the Navy (Semar) and the Federal Police (PF), in “El Ranchito de los Burgos”, located at 60 kilometers south of Culiacán, Sinaloa.

According to the US, among the accomplices of “El Mayito Gordo”, who was said to direct the Sinaloa Cartel cell in charge of drug transfer to California, are René Arzate García, aka “La Rana”, and his brother Alfonso Arzate García, "El Aquiles." In addition to his younger brother, Serafín Zambada Ortiz, "Flaco", as well as Rodrigo Aréchiga Gamboa, "El Chino Ántrax".