Federal authorities arrested former Doña Ana County Magistrate Judge Jose Luis “Joel” Cano and his wife, Nancy Cano, on April 24 for evidence tampering related to the prosecution of Cristhian Ortega-Lopez, a Venezuelan national accused of ties to the Tren de Aragua gang. The Department of Justice (DOJ) charged Joel Cano with one count of evidence tampering, while Nancy Cano faces one count of conspiracy to tamper with evidence.
The charges stem from an incident where Joel Cano allegedly destroyed a cell phone belonging to Ortega-Lopez, which had been seized during a Homeland Security Investigations (HSI) search of the Canos’ home in February. Ortega-Lopez, who had been arrested on gun and ammunition possession charges, told agents about a fourth phone, prompting a second search. According to the DOJ, Cano admitted to destroying the phone with a hammer.
U.S. Attorney Ryan Ellison expressed the severity of the case, stating, “It is beyond egregious for a former judge and his wife to engage in evidence tampering on behalf of a suspected gang member.” The DOJ emphasized its commitment to disrupting the operations of the Tren de Aragua gang in New Mexico.
The Canos’ alleged misconduct surfaced after an anonymous tip in January led to a search of their property. Immigration records show Ortega-Lopez had been arrested for unlawful entry into the U.S. in December 2023 but was released in April 2024 due to overcrowding at the detention center.
The New Mexico Judicial Standards Commission filed a petition in March to suspend Joel Cano for allegedly allowing gang members to live on his property and have access to firearms. Following his resignation in March, Cano was barred from holding any judicial office. Both the Canos are scheduled for preliminary and detention hearings in federal court in Las Cruces on Tuesday.
The case comes amid broader concerns over judicial misconduct and obstruction of law enforcement, with U.S. Attorney General Pamela Bondi stressing that no one, including judges, should interfere with law enforcement operations.
