A former New Mexico judge and his wife were taken into custody by federal authorities on Thursday, April 24, after letting an alleged Tren de Aragua gang member live in their home. Local TV station KFox 14 was on the scene as Former Dona Ana County Magistrate Judge Jose Cano and his wife Nancy were arrested after ICE executed a search warrant and probable cause arrest warrant.
What are the charges?
Jose Cano was charged with tampering with evidence, and Nancy Cano was charged with conspiracy to tamper. Cano resigned as a county magistrate judge in March, and the New Mexico Supreme Court subsequently barred him from holding judicial office ever again.
Court documents reveal the Canos allowed Christian Ortega-Lopez, who ICE says is a Tren de Aragua gang member, to live in a studio apartment on their property for approximately 11 months. He had initially been hired to help around the house but was later offered a place to stay.
Ortega-Lopez is charged for being in the country illegally and in possession of a firearm, which is a felony. Court records show that he entered the United States illegally in December 2023 but was released from Border Patrol custody due to overcrowding at the facility.
What’s the evidence?
Court records state that Homeland Security Investigations received a tip about Ortega-Lopez and opened an investigation. Agents discovered that he had posted photos of himself at a shooting range with other immigrants also in the county illegally.
They said that they had evidence that the group was living at the Cano residence, and that they found firearms at Cano’s daughter’s house. They also said the immigrants had tattoos, clothing and displayed hand gestures commonly associated with Tren de Aragua. Officials also suggested that they had obtained incriminating text messages and voicemail records.
Part of a larger crackdown
On Feb. 20, the Department of State added the Venezuelan gang Tren de Aragua to its list of Foreign Terrorist Organizations (FTOs). On March 15, Trump signed an executive order invoking the Alien Enemies Act, instructing federal authorities to find and remove alleged Tren de Aragua members from the United States.
Some of the administration’s actions since then have sparked public backlash and judicial rulings against the administration, most notably for its efforts to deport alleged gang members without any hearings or due process to a prison in El Salvador.
The cases against the Canos and Ortega-Lopez are ongoing. Ortega-Lopez was in federal court trying to get the venue for his immigration case moved from Denver to El Paso. The Canos had been supporting him throughout that effort.
