ANew Mexico judge has resigned after federal agents arrested a Venezuelan migrant with alleged ties to the Tren de Aragua gang who was living in a guesthouse on the jurist’s property.
Joel Cano, a magistrate judge in Doña Ana County since 2011, submitted his resignation on March 3. The resignation came after the February 28 arrest of Cristhian Ortega-Lopez, a 23-year-old Venezuelan national who was taken into custody at a Las Cruces residence owned by Cano and his wife, Nancy, according to the Albuquerque Journal.
The Context
The arrest followed a Homeland Security Investigations (HSI) probe launched in January, which uncovered that Ortega-Lopez, who entered the U.S. illegally from Mexico in December 2023, was living with other undocumented migrants and had access to firearms.
According to a press release from the Justice Department, investigators found social media posts depicting Ortega-Lopez posing with multiple guns, some of which were allegedly supplied by April Cano, the judge’s daughter, who “allowed him to hold and sometimes shoot various firearms,” the agency said.
What To Know
In a resignation letter addressed to 3rd Judicial District Chief Judge Conrad Perea, Judge Cano wrote, “Working with each of you has been a very rewarding experience for which I will remain eternally grateful,” according to Fox News. Cano’s 14-year run on the bench followed a career in law enforcement.
Ortega-Lopez was formally accused by HSI of being in the country illegally and of having ties to Tren de Aragua, a Venezuelan gang that has recently drawn scrutiny from the Trump administration.
Federal authorities further allege that Ortega-Lopez not only lived with other undocumented migrants but also had access to firearms—an offense that is prohibited for noncitizens in the United States.
“Social media evidence showed Ortega-Lopez in possession of multiple firearms at a shooting range in Las Cruces,” the Justice Department noted. “It is unlawful for any illegal migrant to be in possession of a gun in the U.S.”
Additional details reported by the Albuquerque Journal indicate that Ortega-Lopez had listed the Cano residence as his address in a 2024 immigration relief application. Investigators learned that he originally met Nancy Cano while performing handyman work. After being evicted from his apartment, he moved into a guesthouse on the property.
During a detention hearing on March 14, U.S. Magistrate Judge Damian L. Martinez questioned the federal prosecutor’s familiarity with Judge Cano, remarking, “I don’t think he would just let anybody live on his property,” according to Fox News.
Despite the allegations, Ortega-Lopez was initially released under supervision, although a motion to reconsider that release was filed in early April.
The Department of Justice has confirmed that Ortega-Lopez and three other Venezuelan nationals were arrested in a broader operation targeting illegal possession of firearms. If convicted, each could face up to 15 years in federal prison.
What People Are Saying
President Donald Trump, in a proclamation regarding Tren de Aragua, said: “Tren de Aragua (TdA) is a designated Foreign Terrorist Organization with thousands of members, many of whom have unlawfully infiltrated the United States and are conducting irregular warfare and undertaking hostile actions against the United States.”
Aaron Reichlin-Melnick, senior fellow at the American Immigration Council in a post to X on Thursday: “Yet ANOTHER internal component of the federal government that acknowledges the reality; Tren de Aragua is not an arm of Venezuela and it’s not ‘invading’ the country. Trump’s lawless Alien Enemies Act declaration cannot stand.”
What Happens Next
The New Mexico Supreme Court has scheduled a public hearing for Thursday on the case. A spokesperson for the state’s Administrative Office of the Courts said Governor Michelle Lujan Grisham will appoint a replacement to serve the rest of Cano’s term, which ends next year.
