Judge finds insufficient evidence of gang membership in Ortega Lopez case

LAS CRUCES — A federal judge ruled Friday evening that there was not sufficient evidence to presume Cristhian Ortega Lopez, 24, is affiliated with the Tren de Aragua gang, or TdA, for purposes of his sentencing on firearms and conspiracy charges.

U.S. District Judge Margaret Strickland said it was a “difficult question” but sustained objections by Ortega Lopez’s defense to allegations of gang affiliation that could dramatically affect the sentence he will soon face.

Ortega Lopez is a Venezuelan national who was arrested by federal agents a year ago in Las Cruces. A subsequent raid at the residence where they had been staying led to the arrest of a former Doña Ana County judge and his wife, who had taken him under their wing. The dramatic sweeps, executed in front of television cameras, drew national attention and comment from White House officials consistently in which Ortega Lopez was repeatedly described as a suspected TdA member. 

Ortega Lopez was charged with being an illegal alien in possession of firearms based on social media photographs depicting him at a shooting range and evidence he had been allowed to examine firearms at the residence where he was staying. At the time, Ortega Lopez had an immigration case pending after he entered the country without authorization in 2023.

He was additionally charged with conspiring to delete a social media account that contained material of interest to prosecutors. Last fall, he pleaded guilty to both counts. He faces prison terms on each count and possible removal from the country.

As the sentencing hearing approached, Ortega Lopez’s defense attorney, Shaharazad Booth, objected to a presentence report by prosecutors presenting allegations of gang membership for the judge's consideration. Ortega Lopez denied being affiliated with the gang but has not testified in court. 

In its own sentencing memorandum, the defense stated that Ortega Lopez has a third-grade education and supported his family by fishing before entering the United States in the hope of supporting his mother and siblings. No substantial evidence tying him to gang membership or activity had been presented, Booth argued.

For three and a half hours on Friday, the hearing presented the only sworn proceeding examining those allegations.

Two expert witnesses provided sharply contrasting testimony about how to identify members of Tren de Aragua, and even about the scale and nature of the gang's presence in the United States.

Homeland Security Investigations officer Michael Bonner testified that law enforcement agencies look to clues such as social media posts and displays of certain tattoos such as rifles, crowns and money bags; hand gestures; certain emojis in text messages; and even sports apparel as correlative to gang membership.

Prosecutors based their allegations on such evidence, as well as text messages that included a grisly image of a mutilated corpse and, separately, jokes among compatriots about turning themselves in to collect reward money offered by the state of Texas in 2024 for information leading to the arrest of TdA members. 

The photograph bore the watermark of a news organization, the defense stated, and was subsequently shared by Ortega Lopez in a text message.

The other expert to give testimony was Rebecca Hanson, a professor of sociology, criminology and law at the University of Florida who researches Latin American gangs. Hanson testified that tattoos, pop culture references and displays of toughness offered as evidence of gang affiliation — including the tattoos cited in court exhibits — were, in fact, widely popular symbols among working class men in Venezuela. It was not sufficient evidence for an inference of gang activity, she said, just as “not everybody who listens to hip hop is a gang member.”

Hanson also testified that research on TdA suggested the gang had a “weakened” presence in Venezuela and, while cells associating themselves with TdA are active in other countries, she said there was not compelling evidence of a coordinated presence of TdA in the United States connected to the Venezuelan organization.

It was a stark contrast to Bonner’s testimony, which he said was based on interviews with victims, family members, detainees and convicted inmates in the U.S. and Colombia.

During 2025, the U.S. Department of Justice reported that it secured over 260 indictments of people it said were involved with TdA. That total included nearly a dozen Venezuelan nationals federally charged in New Mexico in December with violent offenses and racketeering. 

Friday’s hearing adjourned shortly after 5 p.m. Strickland’s ruling means prosecutors will submit a new presentence report without the TdA allegations. Ortega Lopez remains in custody and will return to court for sentencing in the coming weeks.

Algernon D’Ammassa is the Journal’s southern New Mexico correspondent. He can be reached at adammassa@abqjournal.com.