‘El Mayo’ drops opposition to being moved, tried in New York

Editor’s note: This story has been updated to reflect four new federal filings made Thursday regarding the government’s petition to have Sinaloa cartel co-founder Ismael Zambada be tried on drug charges in the Eastern District of New York

EL PASO, Texas (Border Report) – A flurry of new filings Thursday in El Paso federal court appears to have reversed a Wednesday decision by a judge to deny the transfer to New York of Sinaloa cartel co-founder Ismael “El Mayo” Zambada, who has been jailed here since his arrest in late July.

The U.S. Attorney’s Office on Thursday notified U.S. District Judge Kathleen Cardone that Zambada would no longer oppose the transfer he successfully fought off just a day earlier. The filing was swiftly followed by an order by Cardone to have the defendant clarify his position “so as to avoid any doubt.”

Late Thursday afternoon, Zambada attorney Frank A. Perez of Dallas filed a response stating that the defendant no longer opposes being transferred to the Eastern District of New York nor remaining in custody in Brooklyn through the completion of the proceedings there.

(See document below)

Further, Zambada’s attorney asked Cardone to “adjourn the status conference currently scheduled for Sept. 9, 2024.”

Cardone agreed and canceled next Monday’s hearing.

The latest developments appear to render moot Cardone’s 17-page ruling from Wednesday stating that, although Zambada was taken into custody by federal authorities coming off an airplane in a small airport in New Mexico last July , his arrest was significant as it stemmed from a warrant concerning a pending indictment in the Western District of Texas (El Paso).

The charges include conspiracy, racketeering, drug trafficking, money laundering, weapons, and illegal importation of drugs charges. El Mayo faces similar indictments in Brooklyn, Illinois, and Washington, D.C.

Last month, prosecutors requested that Zambada make an initial appearance in the Eastern District of New York, which El Mayo’s lawyers quickly opposed.

Although each district has a right to have Zambada in court, “giving the government unfettered discretion to transport defendants to face charges whenever and whenever it chooses threatens to green-light prosecutorial harassment,” the Wednesday ruling stated.

(You can read the full document below.)

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