Doña Ana County judge resigns after feds arrest man at home

LAS CRUCES — Doña Ana County Magistrate Judge Joel Cano has resigned from the bench where he has sat since 2011.

Although his resignation letter, dated March 3, did not state his reason for stepping down, it followed shortly after a man awaiting deportation proceedings, accused by federal law enforcement of being affiliated with a Venezuelan gang, was arrested at Cano’s home.

Cristhian Ortega-Lopez, 23, faces federal firearm charges after Homeland Security Investigations executed a search warrant on Feb. 28 at a Las Cruces residence owned by Cano and his wife, Nancy.

“Working with each of you has been a very rewarding experience for which I will remain eternally grateful,” Cano wrote in a letter addressed to 3rd Judicial District Chief Judge Conrad Perea and court staff. The letter declared his last day as March 21, which dockets show was also the last day he had hearings scheduled in court.

Jose “Joel” Cano, a former police officer and Democrat, was first elected as a magistrate judge in 2010 and ran unopposed in three subsequent elections, winning his fourth term in 2022.

The details of Ortega-Lopez’s arrest and prior relationship with the Cano family are addressed in federal court motions seeking Ortega-Lopez’s detention. In New Mexico federal district court, prosecutors argue that Ortega-Lopez is a flight risk and a danger to the community due to an alleged criminal history, including alleged ties to the Tren de Aragua gang in Venezuela.

Court filings state that agents recovered four firearms from a neighboring home owned by April Cano, who is identified in court filings as Nancy Cano’s daughter. A criminal complaint alleges Ortega-Lopez admitted to possessing and firing them, as seen in photos and videos posted on Facebook last December.

Ortega-Lopez was taken into custody along with other individuals described as roommates in court filings. On March 3, he appeared before U.S. Magistrate Judge Damian Martinez on charges of being an unlawful alien in possession of a firearm and ammunition. The charge carries a maximum penalty of 15 years in prison.

At their home, Joel and Nancy Cano both declined to comment, explaining they did not want to jeopardize any of the men’s legal cases.

Previously, Ortega-Lopez was accused of entering the United States by scaling a barbed-wire fence near Eagle Pass, Texas. After three days in Border Patrol custody, he was released on humanitarian parole ahead of deportation proceedings due to overcrowded facilities at the Border Patrol’s South Laredo, Texas, processing center, court records state.

From there, prosecutors say Ortega-Lopez eventually moved to El Paso, where he roomed with five other people. Court documents state that he met Nancy Cano doing construction and handyman jobs, and accepted her offer to stay in a casita behind her home. In April 2024, Ortega-Lopez filed a request for immigration relief, listing the Las Cruces address as his residence.

Prosecutors say Ortega-Lopez was subsequently introduced to April Cano, “who possessed a large number of firearms” and “allowed him to hold and sometimes shoot various firearms,” allegedly including rifles and a handgun tied to the social media posts.

Exhibits presented in federal court include a social media image showing Ortega-Lopez posing with the judge.

At a March 14 detention hearing, court records indicate that Judge Martinez initially favored releasing the defendant, prompting an immediate appeal by the prosecution. The appeal quotes Martinez as saying, of Judge Cano, “I don’t think he would just let anybody live in his property.”

The appeal also states that Martinez requested that pretrial services staff assess whether Nancy Cano could be the defendant’s third-party custodian, despite the arrest having taken place at her residence.

Ortega-Lopez remains in custody without bond at the Doña Ana County Detention Center awaiting a detention hearing.