DHS’s account of two Venezuelans shot by border patrol falls apart in court. Prosecutors: "We’re not suggesting he's a gang member"

DHS’s account of two Venezuelans shot by border patrol falls apart in court: ‘A smear campaign’​

According to a DHS press release and social media posts issued the following day, border patrol agents were conducting a “targeted” stop of a vehicle in Portland occupied by two members of Tren de Aragua, the Venezuelan gang. Yorlenys Zambrano-Contreras, a woman in the passenger seat, had been “involved” in a Portland shooting last year, the agency wrote.

But court records obtained by the Guardian reveal a Department of Justice prosecutor later directly contradicted DHS’ Tren de Aragua statements in court, telling a judge, “We’re not suggesting … [Niño-Moncada] is a gang member.” An FBI affidavit issued following the incident also suggests that in the previous shooting cited by DHS, Zambrano-Contreras was not a suspect, but rather a reported victim of a sexual assault and robbery. Neither Niño-Moncada or Zambrano-Contreras have prior criminal convictions, their lawyers have said.

Niño-Moncada was not present at either shooting [allegedly tied to his companion]. Zambrano-Contreras has not been described as a suspect in the first shooting, and she was not present at the second shooting. Neither have faced charges related to either shooting.

Niño-Moncada, the 33-year-old driver, who is undocumented, remains detained, facing charges of aggravated assault of an officer based on claims he tried to “intentionally” hit agents with his car. Zambrano-Contreras, 32, was not criminally charged, but has pleaded guilty to improper entry to the US, a misdemeanor.

Without videos, the charging documents largely relied on agents’ testimony.

Niño-Moncada’s public defenders have rejected claims he intended to hit officers, noting the complaint failed to identify any specific agent who believed they were going to be hit.

Young, who reviewed the court records, said it was particularly galling for the government to use an incident in which Zambrano-Contreras was victimized to paint her as a criminal: “It appears this woman is the victim of a rape, theft and being kidnapped, yet she is being turned into the target of a smear campaign claiming she’s an associate of the gang. It seems twisted and unjust.”

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Rage Check 22

TECHNIQUES DETECTED​

The article contrasts official DHS press releases with later court statements from DOJ prosecutors - this is standard investigative reporting technique

Notice how specific claims are attributed: 'DHS said' vs 'court records reveal' vs 'lawyers have said' - this transparency lets readers evaluate sources

The provocative quote in the headline comes from documented expert characterization, not editorial framing