The phenomenon of the Tren de Aragua, an organization designated as a Foreign Terrorist Organization (FTO) by the U.S. government, continues to grow, expand, and surprise, both in its structure and the unexpected situations it presents. A coin where the extremes occasionally touch, such is the case of Cristhian Ortega López and the democratic judge Joel Cano.
In this edition, we present fundamental aspects of this case that astonished the American public when it was discovered that Ortega López, an alleged member of Tren de Aragua, received protection from a magistrate in New Mexico who even went so far as to alter evidence to prevent the incrimination of the accused.
Both Joel Cano and his wife, Nancy Cano, were arrested on April 24, 2025, and booked for the alleged crime after a federal investigation into their connection with Ortega López, an undocumented Venezuelan suspected of being affiliated with Tren de Aragua. The case is being adjudicated in the U.S. District Court for the District of New Mexico.
The Criminal Charge Against Cristhian Ortega López
On March 3, 2025, U.S. Magistrate Judge for the District of New Mexico, Damian L. Martínez, received the criminal complaint against Venezuelan Cristhian Ortega-López, submitted by the Department of Homeland Security following an investigation in Las Cruces, New Mexico, involving an illegal immigrant and alleged member of the transnational criminal organization, Tren de Aragua.
The investigation, based on an anonymous tip, revealed that Ortega-López, despite being subject to deportation proceedings, was in possession of firearms and ammunition and displayed clear indicators of affiliation with Tren de Aragua.
The complaint states that Ortega-López entered the United States illegally on December 15, 2023. He was released pending deportation proceedings on December 18, 2023, due to overcrowding in detention facilities. He filed for immigration relief on April 24, 2024, which will be considered by an immigration judge. On February 28, 2025, the accused admitted, after being informed of his Miranda rights, to his illegal entry into the U.S. in December 2023, crossing through a barbed wire fence in Texas.
Illegal Possession of Firearms and Ammunition
The criminal complaint notes that on December 30, 2024, Cristhian Ortega López uploaded photographs and videos to his personal Facebook account, “showing himself and other illegal Venezuelan immigrants… in possession of firearms and a large quantity of pistol and rifle ammunition.”
In fact, photographic and video evidence in the file shows him “holding a dark-colored AR-15 style rifle in one hand and a black semi-automatic pistol in the other.”
Cristhian Ortega López holding an AR-15 style rifle
In another image from the charge, Ortega López shows “one hand holding various calibers of ammunition and what appears to be larger quantities of the same type of ammunition in open containers.”
Cristhian Ortega López holding various calibers of ammunition.
In an additional photo, he is seen “holding a black semi-automatic pistol, which appears to be a Sig Sauer P365,” while another illegal immigrant, Effren Montilla-Castillo, holds another pistol.
Cristhian Ortega López holding a black semi-automatic pistol
Cristhian Ortega López admitted he knew it was illegal for him to possess firearms. Special Agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) confirmed that the firearms and ammunition components “would have traveled in and affected interstate commerce,” thus satisfying jurisdictional requirements.
This offense is described as “illegal for an alien, illegally or unlawfully in the United States, to possess a firearm and/or ammunition,” in violation of 18 U.S.C. §§ 922 (g)(5).
Alleged Affiliation with Tren de Aragua
Agents identified videos and photographs on Cristhian Ortega López’s social media accounts, as well as those of other illegal immigrants living with him, showing clear indicators of Tren de Aragua, a transnational criminal organization and Foreign Terrorist Organization designated by the U.S. Additionally, he displayed the symbolism associated with Tren de Aragua.
During the interview, Ortega was shown the firearms seized on February 28, 2025, recognized them, and confirmed that three of them were the same as those in the photographs.
Appeal of Cristhian Ortega López’s Detention Order
On March 28, 2025, the prosecution filed a support brief for the appeal of a detention order presented by the U.S. government against Cristhian Ortega-López in the District Court of New Mexico.
The government argued that Ortega López poses a flight risk and a danger to the community, citing his illegal immigration status, previous violations of his release conditions, and his association with Tren de Aragua, classified as a Foreign Terrorist Organization by the U.S.
The prosecution details evidence, including social media posts with weapons and TdA symbols, as well as admissions by the accused during a post-Miranda warning interview. Moreover, the decision of a lower court judge to release the accused is called into question, arguing that no conditions exist to ensure his appearance in court and public safety.
The government argues that the accused represents a significant flight risk and a danger to the community and that there are no conditions that can reasonably ensure his appearance in court and the safety of the public.
After detailing the timeline of events and the accused’s admission of illegally entering the U.S. in December 2023 and finally relocating to Las Cruces, it was indicated that Ortega met April Cano, who “allowed him to hold and sometimes fire several firearms.”
The prosecution cited the Pre-Trial Services (PTS) report, which warned of the risk of non-appearance by the accused, as well as the risk of danger due to his lack of community ties in the U.S., unverified employment, links to Venezuela, unstable/inadequate housing situation, criminal history, the nature of the current charge (possession of firearms), and his possible connection to Tren de Aragua, recommending detention.
The government also reminded that during the detention hearing on March 14, 2025, the District Court Judge, Damian L. Martínez, questioned the opinion of the AUSA regarding Judge Cano, stating, “I don’t think Judge Cano has a lie detector, and I don’t believe he would let anyone live in his property.” Despite PTS’s concerns, Judge Martínez determined that the accused was neither a flight risk nor a danger and ordered his release. On March 17, 2025, the prosecution appealed this decision.
Nature and Circumstances of the Offense
The charge of illegal alien in possession of a firearm and ammunition is a felony with a maximum penalty of 15 years.
Section 3142(g) expressly directs the court to consider whether the offense involved a firearm. Ortega López admitted in his post-Miranda statement that he knowingly possessed firearms, despite knowing it was illegal to do so.
Given the possibility of a long prison sentence, the accused “has a strong incentive to flee if released under conditions in this case,” warned the prosecution.
The United States requested that the court revoke the release order by the District Court judge and order the detention of the accused.
Defense and Prosecution Motions
On April 17, 2025, Cristhian Ortega López requested that the court deny the Government’s Motion for Reconsideration and cancel the scheduled detention hearing for April 30, 2025, arguing that the government’s request was based on information already known at the time of the initial detention hearing held on March 14, 2025.
Alternatively, the accused requested that the Court convert the hearing on April 30, 2025, into an evidentiary hearing on the specific question of what information in the Motion for Reconsideration constitutes ‘new evidence’ under 18 U.S.C. § 3142(f).
On April 18, 2025, the prosecution responded that there is indeed new evidence, specifically from data extractions from cell phones, which were not available during the initial hearing. The government considered the motion for reconsideration appropriate and requested that the accused’s motion be denied or, in the event it was granted, that a 72-hour stay be issued to allow them to appeal.
Criminal Complaint Against Judge Joel Cano
On April 25, 2025, the Department of Homeland Security filed a criminal complaint against Judge José Luis Cano, also known as Joel Cano, before Gregory J. Fouratt, magistrate judge of the District of New Mexico, for manipulating evidence related to the investigation and arrest of Cristhian Ortega-López.
Cano admitted to intentionally destroying Ortega López’s cell phone with a hammer and discarding the remains, believing the phone contained incriminating photos or videos of Ortega with firearms that had been uploaded to social media.
The complaint states that approximately five weeks before April 24, 2025, José Cano destroyed Cristhian Ortega López’s cell phone.
It notes that on April 24, 2025, agents from the Department of Homeland Security executed a search warrant at José and Nancy Cano’s residence seeking Ortega López’s cell phone believed to have not been recovered, as well as Nancy Cano’s cell phone.
José Cano, after being informed of his Miranda rights, agreed to speak with the agents and admitted to having destroyed Ortega’s cell phone “by smashing it with a hammer,” as he “believed the phone contained photos or videos that would reflect negatively on Ortega” and that “it held photographs of Ortega holding firearms that Ortega had uploaded to social media platforms, which would be additional incriminating evidence against him.”
This act satisfies the probable cause elements for the crime of evidence tampering under 18 U.S.C. § 1512(c)(1).