Sometimes when reality hits, it hits hard.
What do you call it when a judge harbors an illegal alien and then tampers with the evidence in the ensuing investigation? If this were a joke, the punchline would be “a lack of judgement!” But for former Doña Ana County Magistrate Judge Joel Cano and his wife, Nancy, it’s called the end of a career and the beginning of a criminal case.
The former New Mexico judge and his wife were taken into custody on Thursday, April 24, and charged with evidence tampering amid allegations they harbored Cristhian Ortega-Lopez, a migrant who entered the US illegally and supposedly has ties to the Tren de Aragua gang. Catching a federal case over political activism? Chalk another one up to the pitfalls of progressivism.
From Judge to Judged
Back in January, the Department of Homeland Security reportedly began investigating Venezuelan native Ortega-Lopez. On February 28, two search warrants were executed at a home belonging to Judge Cano’s wife, Nancy. Ortega-Lopez and his roommates were arrested, and federal agents seized four firearms from the residence of April Cano, the judge’s daughter.
Judge Cano then resigned. In a letter dated March 3 – though the Supreme Court and 3rd Judicial District Court reported not getting the notice until March 31 – Cano wrote:
“This letter is to inform all of you of my intended resignation from the Dona Ana Magistrate Court as Magistrate Judge in Division 6.
My very last day at work will be on Friday, March 21, 2025 at which time I will have resigned my office.
Working with each of you has been a very rewarding experience for which I will remain eternally grateful.
All the best to everyone of you. I wish all of you a happy retirement once you are ready yourself.”
The New Mexico Supreme Court has since banned Cano from ever being a judge again, and on Thursday, Joel and Nancy Cano were both arrested after a raid on their home by federal agents.
Alien Encounter
As for Ortega-Lopez, investigators reportedly turned up gang-related clothing, tattoos, voicemails, and text messages as evidence of his involvement with Tren de Aragua, the violent Venezuelan gang. Ortega-Lopez was caught crossing the border illegally near Eagle Pass, Texas, on December 15, 2023. He was released on December 18 pending removal proceedings because the Border Patrol facility was overcrowded. He was issued a Notice to Appear, which kicked off the formal removal process.
Cristhian Ortega-Lopez met the Canos when Nancy hired him for repair work. He was eventually invited to move into the guest house. After his February 28 arrest, Ortega-Lopez was deemed not a flight risk or danger to the community by US Magistrate Judge Damian L. Martinez in a March 3 court appearance, and he was released on April 8 pending trial for his new charge. What charge, you ask? Possession of a firearm by an illegal alien – for which he could face up to 15 years in prison if convicted.
Progressive Pitfalls
The now-former judge won his spot in the 2022 election. While it’s technically a “non-partisan” race, Ballotpedia does show Cano registered as a Democrat – not terribly surprising, given he’s accused of harboring an illegal alien and trying to cover it up afterward. Governor Michelle Lujan Grisham, a Democrat herself, plans to appoint a replacement – presumably also a Democrat, never mind the “non-partisan” tag – to ride out the rest of Cano’s four-year term, which runs through 2026.
And this may still only be the beginning for the progressive judge. In comments to WPMI, an NBC affiliate, former ICE Field Office Director John Fabbricatore uttered words that likely inspire dread in the disgraced magistrate: “Doña Ana County has been a hotbed of illegal immigration and drug trafficking, human smuggling for many, many years. To see that a judge would allow this to happen. It’s very concerning. It’s concerning. What else has the judge been doing?”
What else, indeed? And how much deeper will federal investigators dig?
Speaking of the feds, how did they know to look into the Canos to find their missing migrant? Photos of Ortega-Lopez holding and shooting firearms illegally – some of which were tagged in the post as belonging to April Cano – were found on social media sites online, along with images of him hanging out with the Canos. Did no one ever tell them the internet is forever and that, when committing crimes, it’s generally best not to publish photographic evidence of it? Or did they simply not care who knew because they thought, as a judge, Joel Cano could ensure no consequences would follow?
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