The informant in the House of Death mass murder case is now
facing the consequences of his Faustian bargain with the U.S. government.
In exchange for taking the government�s gold, some $200,000,
and participating in torture and murder to help advance a big drug case for
U.S. prosecutors, the informant now finds himself in the devil�s court, with
his life hanging in the balance.
Legal pleadings
filed in the U.S. Court of Appeals for the Eight Circuit reveal that the
Department of Homeland Security (DHS), which employed the informant to narc on
high-level players in the drug-trafficking netherworld, is now seeking to send
the informant back into that netherworld, with his identity exposed, to face
the very people he ratted out.
The appeals court pleadings trace the path of the
informant�s efforts to avoid deportation to Mexico, where his deeds as an
informant were carried out against a ruthless narco-trafficking organization.
DHS,
which is implicated in the cover-up of their agents� complicity in the House of
Death murders, initiated the deportation proceedings against the informant, the
appeals court pleadings show. DHS is arguing that the informant faces no danger
in Mexico despite the fact that he betrayed powerful members of the Vicente
Carrillo Fuentes Ju�rez drug organization.
This is
a curious position for DHS officials to take, given that the informant could
expose the full extent of the role played by DHS agents in the House of Death
murders -- so it could be argued that DHS might have a motive to see the
informant out of the picture, permanently.
However,
according to the court records, the immigration judge in the informant�s case
disagreed with DHS� contention and granted him relief from deportation under Article III of the United Nations Convention Against Torture
-- after concluding that the informant would likely be tortured and murdered by
the narco-traffickers he betrayed while working for DHS if he was returned to
Mexico.
DHS was not happy with that outcome and appealed the judge�s
decision to the Board of Immigration Appeals,
which is part of the Department of Justice (DOJ). The DOJ, too, has been
implicated in the House of Death cover-up. An Assistant U.S. Attorney in El
Paso, Juanita Fielden, and the U.S. Attorney in San Antonio, Johnny Sutton,
have been accused of turning a blind eye
to the informant�s participation in the House of Death murders because they
were more interested in making a drug case against the Carrillo Fuentes
organization.
The Board of Immigration Appeals, perhaps predictably,
overturned the immigration judge�s ruling, which forced the informant to take
his case to the U.S. Court of Appeals for the Eighth Circuit in an effort to
forestall his deportation.
This informant, Guillermo Eduardo Ramirez Peyro (also known
as �Lalo� and by the alias Jesus Contreras) had infiltrated a narco-trafficking
organization in Ciud�d Ju�rez that was overseen by Heriberto Santillan-Tabares,
whom U.S. prosecutors claim was a top lieutenant in Carrillo Fuentes
organization. Between August 2003 and mid-January 2004, while under the watch
of DHS agents, Ramirez helped to operated a House of Death in a residential
neighborhood in Ju�rez where a dozen people were tortured and murdered by
Mexican police who were working under the direction of Santillan.
Murder machine
The murder machine was exposed publicly in mid-January 2004
after a DEA agent and his family
were nearly abducted by Santillan�s thugs. In the wake of that incident, DEA
was forced to evacuate its personnel from Juarez.
Santillan was later indicted on murder and narco-trafficking
charges. However, the fact that the U.S. government�s own informant, Ramirez,
was complicit in those murders -- with the knowledge of his DHS handlers --
gave Santillan�s defense team the leverage it needed to negotiate a sweetheart plea deal
with the U.S. Attorney�s Office in San Antonio -- which included dropping the
murder charges. (Ramirez� handlers were federal agents with Immigration and
Customs Enforcement (ICE), which is part of DHS.)
The plea deal with
Santillan was announced on April 19, 2005. Three days later, according to the
appeals court pleadings, Ramirez emerged from U.S. government protective
custody to turn himself in to U.S. immigration officials in order to seek
protection -- because he feared DHS was about to send him back to a certain
death in Mexico at the hands of the narco-traffickers he double-crossed.
� . . . Heriberto Santillan pled guilty before trial. Mr.
Ramirez, of no further use to United States law enforcement agencies in an
informant�s role, was compelled to seek protection in the United States,�
states Ramirez� attorney, Jodi Goodwin, in the pleadings filed in the U.S.
Eighth Circuit Court of Appeals.
A couple weeks later, DHS began deportation proceedings
against Ramirez.
From the appeals court pleadings:
Removal Proceedings [against Ramirez] began with issuance
of a Notice to Appear, (NTA), on May 9, 2005. The NTA alleges Mr. Ramirez is
not a citizen of the United States but a citizen of Mexico who was not in
possession of a valid entry document when he presented himself for admission to
the United States on April 22, 2005 . . . At a hearing before the [the
immigration judge] on June 9, 2005, Mr. Ramirez admitted the truth of the
factual allegations, conceded inadmissibility as alleged, and requested relief
in the forms of Asylum, withholding of removal, and relief under the CAT
[United Nations Convention Against Torture]. Mr. Ramirez subsequently
stipulated in his pre-hearing brief that his involvement in drug trafficking
rendered him ineligible for asylum and withholding of removal.
Mr. Ram�rez testified he entered the Mexican drug
trafficking industry after he left the Mexican federal highway police. His
first job was as a distribution manager in Guadalajara, Jalisco, Mexico. He
became a United States government informant in 2000 and subsequently made contact
with the Carrillo Fuentes Organization, (CFO), in Ciud�d Ju�rez. His
performance as an informant is extensively documented in the record. Mr.
Ramirez explained he was tasked with infiltrating groups of organized criminals
as a means to effectuate the arrest and prosecution of high-level participants.
Mr. Ramirez testified he was present when individuals who
were involved with CFO in drug trafficking or whom CFO members believed were a
threat were assassinated by two Mexican police officers in Ciudad Juarez. Mr.
Ramirez submitted payment records
confirming he was paid over $200,000. The
record details over fifty persons were successfully prosecuted and are serving
prison sentences as a result of his cooperation. Mr. Ramirez was taken into
custody as a material witness when Heriberto Santillan was arrested. Mr.
Ramirez was placed into protective custody after death threats upon his life
came to the attention of the United States Attorney.
Ramirez, though,
was far more than �present� when �CFO members� tortured and killed people at
the House of Death. According to records obtained through the Freedom of
Information Act, he actually participated in the first murder at the House of
Death in early August 2003.
Ramirez�
ICE handlers later debriefed him about the murder, which also was recorded on
tape, according to law enforcement sources. Rather than shut down the drug
sting at that point, Ramirez� ICE handlers allowed him to return to the House
of Death to pay a gravedigger for burying the body, FOIA records show.
In addition,
Ramirez was allowed to continue his work in the House of Death murder machine
-- which was responsible for at least 11 more homicides over the ensuing four
months.
A gravedigger
who assisted Ramirez at the House of Death confirmed that Ramirez was
physically present for at least five of the murders, according to timeline of events developed by the DEA in
the days immediately following the evacuation of its personnel from Ju�rez.
After Sandalio
Gonzalez, the DEA chief in El Paso at the time, objected to this outrage by
writing a letter in February 2004 to U.S. Attorney Sutton, rather than
investigate Gonzalez� charges, Sutton used his pull within DOJ to retaliate
against Gonzalez in order to silence him, according to FOIA documents obtained
by Narco News. Sutton claimed, the FOIA records show, that Gonzalez� letter
contained �discovery material� that could threaten the drug case against
Santillan.
Convention Against
Torture
Based, in part, on
a report prepared by a federal asylum officer as well as reports from other
government agencies, the immigration judge in Ramirez� deportation case granted
him relief under the UN Convention Against Torture, the U.S. appeals court
pleadings state. That ruling was based on evidence showing there was a high
probability that Ramirez would be tortured and killed by narco-traffickers, or
by Mexican law enforcers who worked with the narco-traffickers, should he be
deported to Mexico.
From the appeals
court pleadings:
Mr. Ramirez is a 35-year-old married male. He is a native
and citizen of Mexico. Mr. Ramirez was a police officer in the Mexican state of
Guerrero until 1995. He became involved in drug trafficking when he left the
police force. Between 1995 and 1998, he coordinated transshipments of narcotics
within Mexico and from the Mexican interior to the U.S. Mexico border.
As an informant for United States Customs, redesignated
the Bureau of Customs and Immigration Enforcement, (ICE), pursuant to the
Homeland Security Act of 2003, Mr. Ramirez provided information to the Drug
Enforcement Administration, (DEA), the Bureau of Alcohol, Tobacco and Firearms,
(ATF), the Federal Bureau of Investigation, (FBI), and the United States Secret
Service. Mr. Ramirez successfully infiltrated the CFO in Ciudad Juarez,
Chihuahua. Ciudad Juarez is directly opposite El Paso, Texas, and CFO
transports drugs through El Paso to distribution points throughout the United
States.
. . . The Asylum Officer stated:
"[Ramirez] infiltrated a drug smuggling Mexican cartel and became an
informant for ICE, which resulted in multiple arrests. Since that time two
separate attempts were made on [Ramirez�] life by the Cartel and [Ramirez] now
believes that if he returns to Mexico he will be killed by the Cartel because
of his actions as an informant."
. . . Asylum Officer Jack Berger interviewed
Mr. Ramirez concerning his fear of returning to Mexico on May 1, 2005,
approximately one week prior to the initiation of removal proceedings. Relying
on a report by the United States Department of State issued in 2004, Officer
Berger found Mr. Ramirez had a credible fear of the Mexican government.
Supervisory Asylum Officer Helen Mireles reviewed the credible fear proceedings
and concurred with Officer Berger.
The [immigration
judge] found that the record presents various aspects of police involvement in
Mexican drug trafficking, and in combination with [Ramirez�] credible
testimony, he had established a probability of torture by drug traffickers and
law enforcement in Mexico if he were forced to return. Mr. Ramirez
substantiated his credible testimony by presenting documents prepared by
agencies of the United States government, including the Office of the United
States Attorney and the DEA.
The DHS appealed
the immigration judge�s ruling to the Board of Immigration Appeals (BIA), which
is under the oversight of U.S. Attorney Alberto Gonzales -- who, along with
Sutton, has deep ties to
the Bush Administration that date back to George W. Bush�s tenure as governor
of Texas.
The BIA sided with
DHS and overruled the immigration judge, setting Ramirez up for deportation to
Mexico. (Again, it is important to note that the BIA is part of DOJ, which is overseen by Sutton�s boss,
Attorney General Alberto Gonzales, who has the power to appoint the board�s members
and overrule or modify its decisions.)
From the appeals
court pleadings:
The Department
of Homeland Security, (DHS), disapproves of the findings of fact and the
conclusion of the [immigration judge] and insists the record contains no
evidence that Mr. Ramirez would be tortured by Mexican law enforcement while
acting in their official capacity. The DHS also contends the record does not
support a finding that Mr. Ramirez would be tortured by Mexican drug
traffickers with the acquiescence of Mexican law enforcement.
The BIA
concentrated on documentary evidence and concluded that the Mexican government
is strengthening drug enforcement laws and is now more effective in eliminating
organized drug traffickers such as those against whom Mr. Ramirez informed. The
BIA paid special attention to testimony and record evidence concerning an offer
of immunity from the Mexican government and stated it�s opinion that because
most drug trafficking organizations operate in northern Mexico, the petitioner
would remain safe if he relocated to a different part of the country.
Immunity?
The short mention
of the Mexican government�s offer of immunity to Ramirez should not be
overlooked. The Mexican government, under President Vicente Fox, has been
conspicuously silent on the House of Death case, considering that most of the
murder victims were Mexican citizens. The fact that a U.S. government informant
was complicit in those homicides, with the knowledge of U.S. federal agents and
prosecutors, should have prompted cries of protest from the Mexican government.
Instead, according to the appeals court pleadings, the Mexican government is willing
to provide the informant Ramirez with �immunity.�
You, the reader,
will have to decide why that course was pursued -- and whether some type of
deal was struck between U.S. and Mexican government officials to export the
House of Death cover-up to the Mexican side of the border as well.
In any event,
Ramirez clearly doesn�t trust the word of either the U.S. or Mexican
government, which is what prompted him to appeal the BIA decision to the U.S.
Eighth Circuit in mid-June of this year. That appeal is still pending a
decision.
Ramirez�
pleadings before the Eight Circuit state:
The [immigration
judge�s] decision granting [Ramirez�] application for relief under Article III
of the United Nations Convention Against Torture was improperly overturned by
the BIA in the face of sufficiently corroborated evidence demonstrating that
petitioner has a well-founded fear of torture at the hands of agents of the
Mexican government in the event of his return to Mexico.
. . . The DHS asserts in it�s brief, �There
is no objective proof that the Mexican government would do anything to
[Ramirez] other than protect [Ramirez]. If Mr. Ramirez had any confidence in
the promises of the Mexican government to protect him, he would have freely
returned to Mexico.
DHS� contention that
Ramirez would have nothing to fear from the narco-traffickers he betrayed if
returned to Mexico is a fantasy that might fly in a corrupted legal system, but
for anyone with an understanding of how the narco-trafficking world really
works, it is an argument that lacks any credibility -- like the drug war
itself.
The
informant Ramirez certainly is not a poster child for the cause of justice, but
his return to Mexico is certain to serve the interests of U.S. officials who
have blood on their hands in the House of Death mass murder.
Because, as we all
know, dead men can�t talk.
Notes
Read the informant�s
legal pleadings before the Eight Circuit Court of Appeals.
For more background on this story, see DHS informant implicated in House of Death mass
murder is still in U.S., attorney confirms.
Bill Conroy, an investigative reporter and
correspondent for Narco
News, can be contacted at wkc6428@aol.com.