Former Judge responds to allegations of harboring Venezuelan gang members

By Jason McNabb

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    NEW MEXICO (KOAT) — A former Doña Ana County magistrate judge is responding to allegations that he knowingly allowed members of a Venezuelan gang to live on his property, calling the claims “sensationalism at the highest possible level.” Joel Cano, who resigned from his position in March, is now permanently barred from serving as a judge in New Mexico.

The controversy began in late February when Homeland Security Investigations arrested three Venezuelan nationals, including Cristhian Ortega-Lopez, during a raid on Cano’s property. Federal investigators claim the men were well-known members of the Tren de Aragua gang, a criminal organization based in Venezuela.

Joel and his wife, Nancy Cano, were both arrested by ICE on Thursday evening, April 24. Both have been charged with one count of tampering with evidence.

According to court documents, the men had been living in a small guest house, or casita, on Cano’s property. Ortega-Lopez told investigators they had initially performed handyman work for Cano and his wife before being allowed to move in after being evicted from their apartment.

The arrests drew further scrutiny when social media posts emerged showing Ortega-Lopez holding firearms, with Cano visible in some of the images. Although Cano has not been criminally charged, the New Mexico Judicial Standards Commission launched an investigation into alleged “willful misconduct.”

Cano’s resignation from the bench halted any formal disciplinary hearings, but in a 23-page letter submitted to the New Mexico Supreme Court, he denied any wrongdoing and said he was unaware of the men’s alleged gang ties. “Let me be as crystal clear as possible,” Cano wrote. “The very first time I ever heard that the boys could possibly have any association with Tren de Aragua was when I was informed of that by [the] agents on the day of the raid.”

Cano referred to the three men repeatedly as “the boys” in his letter and defended his decision to allow them to stay on his property. He said they had previously interacted with Border Patrol and HSI without any issues, and that their immigration paperwork led him to believe they were not subject to removal.

“Their papers stated in the upper right-hand corner, ‘This Person is Not Subject to Removal.’ They each had a specific court date regarding their asylum hearing,” Cano stated.

He also emphasized that he would never have put his family at risk if he had suspected any danger.

“I have three grandkids that I love dearly. Their ages are 15, 8 and 6. There is no way in the world that I would have allowed my grandkids to have any contact with the boys if I had sensed danger,” he wrote.

The Judicial Standards Commission also alleged that Cano provided the men with firearms. In response, Cano denied giving them access to weapons, referencing a family outing to a shooting range.

“I did not take a single firearm to the range. I took no ammunition to the range either. [My wife] and I went only as spectators,” he wrote.

Efforts by KOAT Action 7 News to reach Cano for further comment were unsuccessful. Calls and text messages to a number found in court documents went unanswered.

Despite the allegations and his resignation, Cano and his wife have not been charged with any crimes.

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