This image taken from video provided by KFOX14 shows former Doña Ana County Magistrate Judge Jose Luis “Joel†Cano, left, and his wife, Nancy Cano, being arrested Thursday, April 24, 2025, in Las Cruces, N.M. (KFOX14 via AP)
This image taken from video provided by KFOX14 shows former Doña Ana County Magistrate Judge Jose Luis “Joel†Cano, left, and his wife, Nancy Cano, being arrested Thursday, April 24, 2025, in Las Cruces, N.M. (KFOX14 via AP)
LAS CRUCES, N.M. (AP) — A former New Mexico judge has been arrested on an evidence tampering charge for allegedly destroying a phone belonging to a tenant who is accused of keeping guns at the property and suspected of being a member of a Venezuelan criminal gang.
Federal authorities said in court records that former Doña Ana County Magistrate Judge Jose Luis “Joel†Cano, who was arrested Thursday, told investigators that he believed photos or videos on the device would reflect negatively on the tenant and threw away what remained of it five weeks ago after smashing it with a hammer.
Cano resigned last month after the state Judicial Standards Commission sought to suspend him, saying he was accused of letting three members of the Venezuelan gang Tren de Aragua live on his property in Las Cruces and have access to firearms.
In a court filing, Cano denied the U.S. government’s characterization of the men as gang members, saying each of them were subjected to “thorough and rigorous†proceedings with Immigration and Customs Enforcement agents when they entered the country. He said the first time he heard that they may have gang ties was the morning federal agents raided their home took the men into custody.
Cano said he and his wife, Nancy Cano allowed the men to stay in their spare studio apartment in April 2024. He said they told the couple that they requested asylum upon entering the U.S. in 2023, were processed by immigration officials and were then released with court dates for their requests. Cano said the men showed paperwork to back up their stories.
The case is unfolding at the same time as the FBI's arrest of accused of helping a man evade immigration authorities, escalating a clash between the Trump administration and local authorities over the president’s .
Circuit Court Judge Hannah Dugan is accused of escorting the man and his lawyer out of her courtroom through a jury door last week after learning that immigration authorities were there to arrest him. The man was taken into custody outside the courthouse after agents chased him on foot.
In the New Mexico case, federal agents believe the phone the former judge allegedly destroyed contained photos that were also posted on social media of the tenant, Cristhian Ortega-Lopez, holding guns.
Federal agents say videos and photos on Ortega-Lopez’s social media accounts “displayed clear indicators of Tren de Aragua†and that other elements – tattoos, clothing and hand gestures – “provide strong evidence†of a potential connection to the gang.
President Donald Trump told reporters Friday that the case is “pretty surprising. It’s terrible.â€
Nancy Cano, who also was arrested on a charge of conspiring to tamper with evidence, is accused of keeping one of Ortega-Lopez’s cellphones in her possession after his arrest and trying to help him to delete one of his Facebook accounts, although the complaint indicates that it was not deleted before her arrest. Authorities said Nancy Cano was aware his social media accounts could contain evidence that could be used against him.
Video of the arrests captured by El Paso, Texas, showed federal agents escorting the former judge, handcuffed and wearing a plaid button-up and jeans, from his home and into an unmarked pickup. In photos posted by the station, his wife was seen handcuffed and standing with agents outside the home.
The Associated Press sent an email seeking comment from Cano. A call to his cellphone was not answered, and the voicemail inbox was full and not accepting messages.
The AP also left a phone message with William Lutz, an attorney for the couple, and for a lawyer representing Ortega-Lopez, who is charged with being an immigrant in the U.S. illegally while in possession of firearms.
