A New Mexico judge resigned last month following the arrest of an immigrant living in the country illegally with alleged Tren de Aragua gang member ties while living on the jurist’s property.
Joel Cano, who had been a magistrate judge in Doña Ana County since 2011, made no mention of why he was resigning before his four-year term was set to end in 2026.
His resignation letter came less than a week after investigators with the U.S. Department of Homeland Security raided the judge’s home and arrested 23-year-old Venezuelan national Cristhian Ortega-Lopez, per court documents.
Under federal law, it is a crime to knowingly harbor an immigrant that is living in the country illegally. Oral arguments have been scheduled on April 24 for Cano to go before the New Mexico Supreme Court, a spokesperson for the Administrative Office of the Courts told Fox News.
The state’s Gov. Michelle Lujan Grisham “will appoint someone to fill the vacancy through the remainder of the judge’s unexpired four-year term that runs until the end of 2026,” the spokesperson said.
What was the connection between Ortega-Lopez and Judge Cano?
According to court documents, Ortega-Lopez admitted to entering the country at the Texas-Mexico border illegally on Dec. 15, 2023, and, due to overcrowding at border facilities, was released three days later pending removal proceedings.
In a March 6 press release by the U.S. Department of Justice, Homeland Security agents discovered in a broad investigation that Ortega-Lopez and three others were in possession of multiple firearms and loads of ammunition.
“Ortega-Lopez is charged by criminal complaint with being an illegal alien in possession of a firearm or ammunition,” the press release said.
While living in El Paso, Texas, Ortega-Lopez met Nancy Cano, the wife of Judge Cano, during a glass door installation for her in Las Cruces.
“He continued to do a few jobs for Nancy Cano, and after being evicted from the apartment in April 2024, Nancy Cano offered her ‘casita’ in the back of the residence she shared with her husband Joel Cano,” the filing said.
Soon after, he met their daughter, April Cano, who was apparently in possession of a large amount of firearms. During the investigation, Ortega-Lopez admitted to April Cano allowing him to hold and, at times, shoot the firearms.
Multiple firearms were seized from April Cano’s home on Feb. 28. Ortega-Lopez admitted to recognizing three of them and also admitted he knew it was illegal for him to handle firearms.
In a detention hearing on March 14, U.S. Magistrate Judge Damian L. Martinez challenged the relationship of Judge Cano and Ortega-Lopez, saying, “I don’t think he would just let anybody live on his property,” per Newsweek, but ended up releasing Ortega-Lopez with supervision.
Another motion to reconsider the release was filed by an assistant U.S. attorney on April 8, requesting “that the Court reconsider its previous ruling and now find Defendant is a flight risk and a danger to the community and that no conditions can reasonably assure the defendant’s future appearance in Court.”
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