What to know about the arrests of former judge Joel Cano, his wife and the migrants living on their property

Former Doña Ana County Magistrate Judge Joel Cano and his wife, Nancy, are facing federal charges alleging tampering with evidence and conspiracy to tamper with evidence after three Venezuelan nationals were arrested on their property earlier this year.

On Feb. 28, Homeland Security Investigations officers executed search warrants at the southern New Mexico home of judge Joel Cano and his wife, Nancy; and next door at the home of their adult daughter, April Cano. The agents arrested three Venezuelan migrants who had been living in a casita on the Canos’ property.

Federal agents returned on April 24, this time arresting Joel and Nancy Cano on evidence-tampering and conspiracy charges.

The two raids drew nationwide attention and comments from Trump administration officials.

Here's what to know about the Canos, the migrants living on their property and what's next.

Who are Joel and Nancy Cano?

Joel Cano, 67, is a Mesilla native who served in the Las Cruces Police Department for nearly 23 years before retiring. In 2010, he was elected as a Doña Ana County Magistrate judge, running as a Democrat, and served on the bench until his resignation in March of this year. His wife, Nancy, 68, is a businesswoman, selling insurance and managing rental properties. The couple, married for 46 years, live in a modest home in a quiet neighborhood near downtown Las Cruces.

Who are the migrants that lived with the Canos?

According to court filings and statements by Joel Cano, Cristhian Ortega-Lopez, 23; Juan Manuel Acevedo-Leon, 25; and Efren Jose Montilla-Castillo, 20, all originally from Venezuela, were invited to reside in a detached studio apartment or casita on the Canos’ property since April 2024.

The Canos befriended the men, who had assisted in home improvement projects at the house, and Nancy Cano reportedly assisted them as they pursued their immigration cases.

According to neighbors who knew the three men, Montilla-Castillo has voluntarily returned to Venezuela and Acevedo-Leon is facing deportation proceedings in another state.

Who is Cristhian Ortega-Lopez?

The 23-year-old man is a Venezuelan national who entered the United States unlawfully in 2023, according to federal prosecutors. Ortega-Lopez was accused of scaling a barbed-wire fence near Eagle Pass, Texas, but was released from Border Patrol custody ahead of deportation proceedings due to overcrowded facilities, court records state. After a brief stay in Denver, he lived with roommates in El Paso, where he met Nancy Cano doing handyman work.

Ortega-Lopez was arrested at the Canos’ residence by Homeland Security agents on Feb. 28 and charged with being an illegal alien in possession of firearms, on the basis of social media posts showing him at a shooting range and handling weapons at the residence.

In October, he agreed to plead guilty to possessing a firearm and ammunition in violation of federal immigration law, and conspiracy to tamper with evidence. The U.S. Attorney’s Office says he faces up to 20 years in prison, in addition to fines, when sentenced. He could also be subject to deportation.

Prosecutors have also accused Ortega-Lopez of being affiliated with the Tren de Aragua gang, but this has not been adjudicated in court. Joel Cano has rejected the allegation as "sensationalized."

What is Tren de Aragua?

The international crime organization known as Tren de Aragua is widely reported as having originated in a prison in the Venezuelan state of Aragua during the 2000s. It has been linked to drug and weapons trafficking, human smuggling, organized crime and violence in multiple countries across the Americas. It is designated as a foreign terrorist organization by the United States.

Using wartime emergency powers, President Donald Trump’s administration has transported hundreds of Venezuelan nationals to a prison for terrorists in El Salvador, without a legal process in which evidence of criminal activity is presented.

Federal authorities have cited tattoos, clothing items, and emojis and hand gestures seen in social media points, as evidence of gang membership, although experts have disputed these as a sign of affiliation.

Why were the Canos arrested?

On April 24, federal agents returned to the residence and arrested Joel and Nancy Cano. Prosecutors allege that Nancy Cano, in video calls with Ortega-Lopez at the detention center, discussed deleting his Facebook account, which prosecutors also believe holds evidence. She was charged with a felony count of conspiracy to tamper with evidence.

Joel Cano was arrested after allegedly admitting to FBI agents that he had smashed the phone with a hammer and disposed of it. He was charged with a single felony count of tampering with evidence.

Joel and Nancy Cano were indicted by a federal grand jury on Oct. 7. Nancy Cano was charged with conspiracy to tamper with evidence, while Joel cano was charged with tampering with evidence and conspiracy to tamper with evidence.

What happens to Cano’s seat on the court?

Seats on the Doña Ana County Magistrate Court are elected positions with four-year terms. Gov. Michelle Lujan Grisham will appoint a new judge to complete Cano’s term, which is set to expire at the end of 2026. As of Oct. 9, the appointment is still pending.