District of New Mexico
Press releases recorded for this federal judicial district.
Shiprock Man Charged with Unlawfully Possessing a FirearmRead the Press Release
ALBUQUERQUE – A Shiprock man was charged by indictment with being a convicted felon in possession of a firearm.
According to court documents, in the morning hours of May 15, 2025, Jay Ray Kelly, 39, an enrolled member of the Navajo Nation, was seen walking in Shiprock, firing a handgun into the air. Concerned citizens called police. Later that morning, police arrested Kelly with a handgun and 155 rounds of ammunition in a backpack.
Kelly is charged federally with unlawfully possessing a firearm and ammunition. In 2006, Kelly was convicted in the District of New Mexico for possessing a firearm in a school zone. Because of this 2006 federal felony conviction, Kelly was prohibited from possessing all firearms and ammunition.
U.S. Attorney Ryan Ellison and Philip Russell, Acting Special Agent in Charge of the Federal Bureau of Investigation’s Albuquerque Field Office made the announcement today.
The Farmington Resident Agency of the Federal Bureau of Investigation’s Albuquerque Field Office investigated this case with assistance from the Navajo Nation Police Department and Navajo Department of Criminal Investigations. Assistant U.S. Attorney Zachary C. Jones is prosecuting the case.
View the Indictment (Kelly).pdfAn indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Sanostee Man Pleads Guilty to Assault ChargesRead the Press Release
ALBUQUERQUE – A Sanostee man pleaded guilty to a violent assault that left a woman seriously injured.
According to court records, Nathan Mescale, 36, and enrolled member of the Navajo Nation, admitted that on December 2 and December 3, 2023, he assaulted Jane Doe, and the assault caused her serious bodily injury.
At sentencing, Mescale faces a maximum of 10 years in prison. Upon his release from prison, Mescale will be subject to up to three years of supervised release.
U.S. Attorney Ryan Ellison and Philip Russell, Acting Special Agent in Charge of the Federal Bureau of Investigation’s Albuquerque Field Office, made the announcement today.
The Farmington Resident Agency of the FBI Albuquerque Field Office investigated this case with the assistance of the Navajo Police Department and Department of Criminal Investigations. Assistant U.S. Attorney Mia Ulibarri-Rubin is prosecuting the case.
View the Plea Agreement (Mescale).pdfSan Felipe Man Sentenced for Sexually Abusing a MinorRead the Press Release
ALBUQUERQUE – A San Felipe man was sentenced to 13 years in federal prison for sexually abusing an 11-year-old girl.
There is no parole in the federal system.
According to court records, on August 1 and August 15 of 2022, Vernon Chavez, 62, an enrolled member of the San Felipe Pueblo, inappropriately touched an 11-year-old girl over her clothing.
Upon his release from prison, Chavez will be subject to 15 years of supervised release and must register as a sex offender.
U.S. Attorney Ryan Ellison made the announcement today.
The Bureau of Indian Affairs investigated the case. Assistant United States Attorney Jesse Pecoraro prosecuted the case as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys' Offices and CEOS, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit Justice.gov/PSC.
Newcomb Man Pleads Guilty to Knife Assault Outside Shiprock Grocery StoreRead the Press Release
ALBUQUERQUE – A Newcomb man pleaded guilty to assault resulting in serious injury following a violent knife assault outside a local grocery store.
According to court records, on November 12, 2024, Josiah Bodie, 23, an enrolled member of the Navajo Nation, assaulted John Doe with a knife outside Basha’s Grocery Store in Shiprock, New Mexico. As a result of the assault, John Doe suffered serious bodily injury.
At sentencing, Bodie faces a maximum of 10 years in prison. Upon his release from prison, Bodie will be subject to up to five years of supervised release.
U.S. Attorney Ryan Ellison and Philip Russell, Acting Special Agent in Charge of the Federal Bureau of Investigation’s Albuquerque Field Office, made the announcement today.
The Farmington Resident Agency of the FBI Albuquerque Field Office investigated this case with the assistance of the Navajo Nation Police Department and the Navajo Nation Department of Criminal Investigations. Assistant U.S. Attorney Caitlin L. Dillon is prosecuting the case.
View the Plea Agreement (Bodie).pdfCuba Man Sentenced for Murder and Firearms OffensesRead the Press Release
ALBUQUERQUE – A Cuba man was sentenced to 28 years in federal prison after pleading guilty to second-degree murder and firearms offenses.
There is no parole in the federal system.
According to court records, on July 26, 2022, Navajo Nation Police Department officers responded to reports of a shooting at a residence near Ojo Encino. Upon arrival, officers discovered John Doe deceased with a gunshot wound to his chest and right arm. Witnesses identified Jason Lee Martinez, 52, an enrolled member of the Navajo Nation, as the shooter, who fled the scene immediately after the incident.
On August 26, 2022, FBI agents interviewed Martinez, who admitted to shooting John Doe and subsequently pled guilty to second degree murder and federal firearms offenses.
Upon his release from prison, Martinez will be subject to three years of supervised release.
U.S. Attorney Ryan Ellison and Philip Russell, Acting Special Agent in Charge of the Federal Bureau of Investigation’s Albuquerque Field Office, made the announcement today.
The FBI Albuquerque Field Office investigated this case with assistance from the Navajo Nation Department of Investigation and Navajo Nation Department of Criminal Investigations. Assistant U.S. Attorney Jesse Pecoraro is prosecuting the case.
Alamogordo Man Sentenced on Federal Firearms Offenses Related to the Murder of Alamogordo Police OfficerRead the Press Release
ALBUQUERQUE – An Alamogordo man was sentenced to 8 years in prison for federal firearms offenses connected to the murder of Alamogordo Police Officer Anthony Ferguson. United States District Judge Margaret Strickland ordered the 8-year federal sentence to run consecutive to De La O’s state life sentence following a request by United States Attorney Ryan Ellison.
According to court records, on July 15, 2023, Dominic De La O fatally shot Officer Ferguson following an attempted traffic stop in Alamogordo, New Mexico. De La O used a sawed-off, unregistered shotgun supplied by Jonah Apodaca to kill Officer Ferguson after fleeing from a traffic stop and leading police on a pursuit. Officer Ferguson, a 11-year veteran of the Alamogordo Police Department and Field Training Officer, succumbed to his injuries on July 16, 2023.
United States Attorney Ryan Ellison issued the following statement after the sentencing hearing:
“Alamogordo Police Officer Anthony Ferguson faithfully served the people of Alamogordo for over 11 years—I know because I am one of them. My family still lives in Alamogordo and my mother attended Officer Ferguson’s funeral. An 8-year federal sentence for violations of federal firearms laws running consecutive to De La O’s state life sentence guarantees that he will never again see the outside of a prison cell. Acts of violence against those who serve and protect our communities will not be tolerated and should be punished to the fullest extent of the law. It was my great privilege to meet with Officer Ferguson’s family and to personally prosecute this case to ensure that justice was served.”
“Officer Anthony Ferguson’s death was a devastating and senseless act of violence,” said ATF Special Agent in Charge Brendan Iber. “Violence against our law enforcement officers and first responders must never be tolerated. Alongside our state, local and federal partners, we will relentlessly pursue justice—just as we did in this case. We continue to offer our heartfelt condolences to Officer Ferguson’s family, friends, the Alamogordo Police Department, and the entire community. His service and sacrifice will never be forgotten.”
De La O was previously found guilty of first-degree murder and related state charges and was sentenced to life in prison without the possibility of parole, plus an additional six and a half years for tampering with evidence, aggravated fleeing, criminal trespass, and resisting or evading an officer.
Jonah Apodaca pleaded guilty to being a felon in possession of a firearm and was sentenced to 72 months in federal prison for providing the weapon used in the fatal shooting.
U.S. Attorney Ryan Ellison and Brendan Iber, Special Agent in Charge of the Phoenix Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives, made the announcement today.
The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated this case with assistance from the Alamogordo Police Department, New Mexico State Police, the Otero County Sheriff’s Office, and the Twelfth Judicial District Attorney’s Office. U.S. Attorney Ryan Ellison and Assistant U.S. Attorney Maria Y. Armijo prosecuted the case.
https://www.odmp.org/officer/26757-police-officer-anthony-fergusonPinedale Man Admits Guilt in Violent Knife AttackRead the Press Release
ALBUQUERQUE – A Pinedale man pleaded guilty to assault with a dangerous weapon after slashing a man’s throat during a confrontation.
According to court records, on February 17, 2025, Laberto Curley, 25, an enrolled member of the Navajo Nation, used a knife to slash John Doe’s throat during a physical altercation, resulting is serious bodily injury.
At sentencing, Curley faces a maximum of 10 years in prison. Upon his release from prison, Curley will be subject to up to three years of supervised release.
U.S. Attorney Ryan Ellison and Philip Russell, Acting Special Agent in Charge of the Federal Bureau of Investigation’s Albuquerque Field Office, made the announcement today.
The Gallup Resident Agency of the Federal Bureau of Investigation’s Albuquerque Field Office investigated this case with assistance from the Navajo Police Department and Navajo Department of Criminal Investigation. Assistant U.S. Attorney Jesse Pecoraro is prosecuting the case.
View the Plea Agreement (Curley)_7.pdfVanderwagen Man Charged with Assault for 2022 IncidentRead the Press Release
ALBUQUERQUE – A Santa Fe man has been charged with assault resulting in serious bodily injury following an incident in 2022.
According to court documents, on November 24, 2022, Anthony Nieto, 38, an enrolled member of Nambé Pueblo, assaulted the victim and the assault resulted in serious bodily injury.
Nieto is charged with assault resulting in serious bodily injury and will remain in custody pending his detention hearing, scheduled for June 3, 2025. If convicted of the current charges, Nieto faces up to 10 years in prison.
U.S. Attorney Ryan Ellison made the announcement today.
The Pojoaque Police Department investigated this case. Assistant U.S. Attorney A. Mark Probasco is prosecuting the case.
View the Indictment (Nieto)_0.pdfAn indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Española Man Sentenced for Trafficking Drugs, Possessing Illegal Firearms and ExplosivesRead the Press Release
ALBUQUERQUE – An Española man was sentenced to 13 years in federal prison following a series of law enforcement actions that uncovered illegal firearms, narcotics, and unstable explosives.
There is no parole in the federal system.
According to court records, on August 1, 2023, Pojoaque Police Department officers conducted a traffic stop on a sedan with expired registration driven by Mario James Valdez, 35. Inside the car, officers located two loaded “ghost guns,” one of which was outfitted with a non-functioning machinegun conversion device, a loaded and stolen handgun, fentanyl, additional ammunition, a police scanner, 377 blue pills marked M30 and 42 grams of crack cocaine. Valdez was released after serving one day in custody.
On September 15, 2023, Valdez was arrested again for shoplifting and on an outstanding state warrant. During this arrest, officers found fentanyl, Xanax, crack cocaine, and ammunition on Valdez’s person. In recorded jail calls between October 15 and 18, 2023, Valdez discussed having additional firearms and sticks of dynamite stored at a house in Española, warning of their instability and danger.
On October 20, 2023, law enforcement executed a search warrant at the Española residence. In Valdez’s bedroom, officers discovered six sticks of deteriorating dynamite, a shotgun, and an AR-style rifle. Additional rifles, including those referenced in the jail calls, were found in another bedroom.
6 sticks of dynamiteDue to the hazardous condition of the dynamite, law enforcement destroyed it for public safety. As a previously convicted felon, Valdez was prohibited from possessing firearms, ammunition and explosives.
Valdez pleaded guilty to possession to intent to distribute cocaine base, possession of a firearm in furtherance of a drug trafficking crime, being a felon in possession of a firearm and ammunition and being a felon in possession of explosive material. Upon his release from prison, Valdez will be subject to three years of supervised release.
U.S. Attorney Ryan Ellison and Philip Russell, Acting Special Agent in Charge of the Federal Bureau of Investigation’s Albuquerque Field Office, made the announcement today.
The FBI Albuquerque Field Office investigated this case with assistance from the Pojoaque Police Department, New Mexico State Police and Española Police Department. Assistant U.S. Attorney David B. Hirsch is prosecuting the case.
Dulce Man Pleads Guilty to Abusive Sexual Contact with MinorRead the Press Release
ALBUQUERQUE – A Dulce man pleaded guilty to sexual abuse of a minor involving the use of force.
According to court records, on or about September 13, 2023, Cisco Cruzito Pinto, 38, an enrolled member of the Jicarilla Apache Nation, engaged in sexual contact with a minor who was between the ages of 12 and 16 at the time. When the victim resisted, Pinto used force to maintain control.
Pinto will be detained pending sentencing. At sentencing, Pinto faces any term of years and up to life in prison. Upon his release from prison, Pinto will be subject to a term of supervised release of not less than five years and up to life.
U.S. Attorney Ryan Ellison and Philip Russell, Acting Special Agent in Charge of the Federal Bureau of Investigation’s Albuquerque Field Office, made the announcement today.
The Farmington Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Jicarilla Apache Police Department. Assistant U.S. Attorneys Meg Tomlinson and Nicholas J. Marshall are prosecuting the case as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys' Offices and CEOS, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit Justice.gov/PSC.
View the Plea Agreement (Pinto).pdfAlbuquerque Man Sentenced to Federal Prison for Cyberstalking Multiple WomenRead the Press Release
ALBUQUERQUE – An Albuquerque man was sentenced to 33 months in federal prison after a pattern of persistent digital harassment targeting multiple women over a nine-month period.
There is no parole in the federal system.
According to court records, between June 2022 and March 2023, Phillip Gonzales, 39, stalked and harassed three women using anonymous texting applications and Voice Over Internet Protocol (VoIP) services. Over this nine-month period, Gonzales sent the victims graphic sexual messages, expressed rape fantasies, threatened the victims, and demonstrated knowledge of their personal information.
FBI agents obtained subpoenas for subscriber information for several of the numbers which returned registration IP addresses tied to a residence in Albuquerque, New Mexico. During the time period the crimes were committed, the only people living at this address were Gonzales and his father.
On May 11, 2023, the FBI executed a search warrant at the residence and seized a number of electronic devices. A review of the devices revealed at least four additional women who were believed to have received messages from Gonzales to include threats of rape and murder.
On September 6, 2023, Gonzales was charged with cyberstalking and remanded to third party custody pending trial. As a condition of his release, Gonzales was strictly limited to one monitored phone and required approval for any device with internet access. Gonzales was later found to be in possession of two unauthorized internet-capable phones which he had used to send unwanted and potentially harassing messages to two women. This violation led the court to revoke his release and order his detention, citing his demonstrated inability to comply with court-ordered restrictions.
Subsequently, Gonzales pleaded guilty to three counts of cyberstalking. Upon his release from prison, Gonzales will be subject to three years of supervised release.
U.S. Attorney Ryan Ellison and Philip Russell, Acting Special Agent in Charge of the Federal Bureau of Investigation’s Albuquerque Field Office, made the announcement today.
The FBI Albuquerque Field Office investigated this case. Assistant U.S. Attorney Natasha Moghadam prosecuted the case.
U.S. Attorney's Office for the District of New Mexico Weekly Immigration and Border Crimes ReportRead the Press Release
ALBUQUERQUE – Today, the United States Attorney’s Office for the District of New Mexico announced its immigration enforcement statistics for this week. These cases are prosecuted in partnership with the El Paso Sector of the U.S. Border Patrol, along with Homeland Security Investigations El Paso, and assistance from other federal, state, and county agencies.
In the one-week period ending May 30, 2025, the United States Attorney’s Office brought the following criminal charges in New Mexico:
- 51 individuals were charged this week with Illegal Reentry After Deportation (8 U.S.C. 1326)
- 9 individuals were charged this week with Alien Smuggling (8 U.S.C. 1324)
- 79 individuals were charged this week with Illegal Entry (8 U.S.C. 1325)
- 13 individuals were charged this week with Illegal Entry (8 U.S.C. 1325), violation of a military security regulation (50 U.S.C. 797) and Entering Military, Naval, or Coast Guard Property (18 U.S.C. 1382), arising from the newly established National Defense Area in New Mexico.
Many of the defendants charged pursuant to 18 U.S.C. 1326 had prior criminal convictions for drug possession and firearms offenses.
In one significant case, Moustafa Mahmoud Abdelnabi Salem, a citizen of Egypt who was lawfully in the U.S., was charged by criminal complaint with being an alien in possession of a firearm after he pulled a firearm out of his vehicle at a gas station and pointed it at a homeless man who was not threatening him.
In another case, Valerie Perez was sentenced to 10 years in prison for operating an alien stash house. Family members of the aliens contacted authorities after Perez demanded additional payment to release the aliens. The aliens were also threatened with physical harm if additional payments were not received. At the time of her arrest, Perez was on supervised release for a prior alien smuggling conviction.
These cases are part of Operation Take Back America, a nationwide initiative that marshals the full resources of the Department of Justice to repel the invasion of illegal immigration, achieve the total elimination of cartels and transnational criminal organizations (TCOs), and protect our communities from the perpetrators of violent crime.
These statistics represent prosecutions by the United States Attorney’s Office for the District of New Mexico only. The numbers do not include individuals apprehended by immigration enforcement officials and subjected solely to administrative process.
Under current leadership, public safety and a secure border are the top priorities for the District of New Mexico. Enhanced enforcement both at the border and in the interior of the district have yielded aliens engaged in unlawful activity or with serious criminal history, including human trafficking, sexual assault and violence against children.
The District of New Mexico consists of 33 counties and shares 180 miles of international border with Mexico. Assistant U.S. Attorneys from Albuquerque and Las Cruces work directly with our federal, state and local law enforcement partners to prosecute immigration-related and other federal offenses.
Mescalero Man Sentenced in Strangulation Assault CaseRead the Press Release
ALBUQUERQUE – A Mescalero man was sentenced to 71 months in prison for assault by strangulation.
There is no parole in the federal system.
According to court documents, between May 5 and May 11, 2022, Kevin El Cavazone, 42, an enrolled member of the Jicarilla Apache Tribe, assaulted Jane Doe by strangling her.
Upon his release from prison, El Cavazone will be subject to 3 years of supervised release.
U.S. Attorney Ryan Ellison and Philip Russell, Acting Special Agent in Charge of the Federal Bureau of Investigation’s Albuquerque Field Office, made the announcement today.
The Las Cruces Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Bureau of Indian Affairs. Assistant United States Attorney Alyson Hehr is prosecuting the case.
El Paso Woman Sentenced for Hostage-Taking, Extortion in Smuggling Stash House CaseRead the Press Release
ALBUQUERQUE – An El Paso woman was sentenced to 10 years in prison for her role in a hostage-taking conspiracy involving the forcible detention and extortion of the victims. The defendant was involved in the hostage-taking conspiracy while serving a term of federal supervised release for a prior alien smuggling conviction.
There is no parole in the federal system.
According to court documents, on April 4, 2024, agents from Homeland Security Investigations and the U.S. Border Patrol responded to a tip from the Otero County Sheriff’s Department regarding individuals being held against their will at an alien smuggling stash house in Chaparral, New Mexico. The joint investigation led law enforcement to the residence where ten undocumented aliens, including three juveniles, were discovered being detained under inhumane conditions, without sufficient food and water.
During the subsequent investigation, agents determined that Valerie Perez, 22, and her coconspirator, Diana Perez, were responsible for detaining the victims. The victims were threatened with physical harm and told they were not allowed to leave. Family members of the victims were contacted and coerced into sending money for the victims’ release.
Valerie Perez pleaded guilty to conspiracy to commit hostage taking, admitting that she participated in detaining undocumented individuals, threatening them with harm, and extorting money from their families and friends in exchange for their release. At the time of this offense, Perez was on supervised release following a prior conviction for conspiracy to transport illegal aliens, for which she had been sentenced to one year and one day in prison followed by two years of supervised release.
Upon her release from prison, Valerie Perez will be subject to three years of supervised release.
Diana Perez remains in custody pending trial, which has not been scheduled.
U.S. Attorney Ryan Ellison, Jason T. Stevens, Special Agent in Charge of Homeland Security Investigations El Paso, and Chief Patrol Agent Walter N. Slosar of the U.S. Border Patrol El Paso Sector made the announcement today.
The Homeland Security Investigations and the U.S. Border Patrol investigated this case with assistance from the Otero County Sheriff’s Department. Assistant U.S. Attorney Alyson Hehr is prosecuting this case.
U.S. Attorney's Office for the District of New Mexico Weekly Immigration and Border Crimes ReportRead the Press Release
ALBUQUERQUE – Today, the United States Attorney’s Office for the District of New Mexico announced its immigration enforcement statistics for this week. These cases are prosecuted in partnership with the El Paso Sector of the U.S. Border Patrol, along with Homeland Security Investigations El Paso, and assistance from other federal, state, and county agencies.
In the one-week period ending May 23, 2025, the United States Attorney’s Office brought the following criminal charges in New Mexico:
- 74 individuals were charged this week with Illegal Reentry After Deportation (8 U.S.C. 1326)
- 6 individuals were charged this week with Alien Smuggling (8 U.S.C. 1324)
- 45 individuals were charged this week with Illegal Entry (8 U.S.C. 1325)
- 260 individuals were charged this week with Illegal Entry (8 U.S.C. 1325), violation of a military security regulation (50 U.S.C. 797) and Entering Military, Naval, or Coast Guard Property (18 U.S.C. 1382), arising from the newly established National Defense Area in New Mexico.
Many of the defendants charged pursuant to 18 U.S.C. 1326 had prior criminal convictions for felon in possession of a firearm, drug possession, sexual assault, child abuse, and domestic violence.
In one significant case, a criminal complaint was filed on May 21, 2025, charging Francisco Javier Menchaca-Rodriguez, an alien unlawfully present in the United States, with being an alien in possession of a firearm and ammunition. On May 19, 2025, the Clovis Police Department (CPD) notified the HSI Office in Roswell that Menchaca-Rodriguez had been involved in a domestic violence incident with his girlfriend on May 18, 2025. During an interview, the girlfriend reported that Menchaca-Rodriguez threatened her with a firearm. After being advised of his Miranda rights, which he waived, the defendant admitted to possessing the firearm during the argument.
These cases are part of Operation Take Back America, a nationwide initiative that marshals the full resources of the Department of Justice to repel the invasion of illegal immigration, achieve the total elimination of cartels and transnational criminal organizations (TCOs), and protect our communities from the perpetrators of violent crime.
These statistics represent prosecutions by the United States Attorney’s Office for the District of New Mexico only. The numbers do not include individuals apprehended by immigration enforcement officials and subjected solely to administrative process.
Under current leadership, public safety and a secure border are the top priorities for the District of New Mexico. Enhanced enforcement both at the border and in the interior of the district have yielded aliens engaged in unlawful activity or with serious criminal history, including human trafficking, sexual assault and violence against children.
The District of New Mexico consists of 33 counties and shares 180 miles of international border with Mexico. Assistant U.S. Attorneys from Albuquerque and Las Cruces work directly with our federal, state and local law enforcement partners to prosecute immigration-related and other federal offenses.
U.S. Attorney Ryan Ellison Names Leadership Team, Reorganizes Criminal DivisionRead the Press Release
ALBUQUERQUE – U.S. Attorney Ryan Ellison announced today the appointment of a new executive leadership team to guide the District of New Mexico’s mission, along with a restructuring of the Albuquerque office’s Criminal Division to best advance the Administration’s priorities.
Mr. Ellison named Kimberly Brawley as First Assistant U.S. Attorney, overseeing the Criminal, Civil, and Administrative Divisions. Ms. Brawley joined the office in 2007 and has worked across all sections of the Criminal Division. From 2013 to 2018, she supervised the General Crimes Section, which handled violent crimes, firearms offenses, narcotics, and immigration cases. Since 2018 she has prosecuted white collar, national security, and civil rights cases. Ms. Brawley earned her B.A. with honors from New Mexico State University and graduated cum laude from the University of New Mexico School of Law. Before becoming an Assistant U.S. Attorney, she clerked for the office and practiced civil defense litigation in the private sector.
Christopher McNair will serve as Executive Assistant U.S. Attorney. Mr. McNair joined the office 2018 and has primarily handled firearms, violent crime, and immigration offenses. Mr. McNair graduated magna cum laude from the University of New Mexico School of Law and earned his B.A. from the University of New Mexico.
Roberto Ortega has been appointed as Chief of the Civil Division. Mr. Ortega has over 35 years of legal experience, including 25 years as an Assistant U.S. Attorney. He has prosecuted a wide range of federal criminal cases and now focuses on defending the United States in civil litigation. Mr. Ortega holds a Bachelor of Arts in International Relations from Stanford University and a Juris Doctor from the University of New Mexico School of Law. He is also an active community leader, having served on several local boards, including the UNM Alumni Association and the National Hispanic Cultural Center Foundation. He and his wife, Dr. Loretta Cordova de Ortega, have four children.
Niki Tapia-Brito will lead the Albuquerque Office’s Criminal Division as Chief. Ms. Tapia-Brito joined the office in 2011, after serving for 10 years as a prosecutor in the 7th and 2nd Judicial District Attorneys’ Offices. Throughout her career with the office, Ms. Tapia-Brito has prosecuted federal cases in the Indian Crimes, Violent Crimes, Civil Rights and Public Integrity sections. Ms. Tapia-Brito earned her B.A. from Stanford University and a JD at University of New Mexico School of Law.
In the Las Cruces Branch Office, Richard Williams will serve as Chief of the Criminal Division. He joined the office in 2001 as a Special Assistant U.S. Attorney and became an Assistant U.S. Attorney in 2002. From July 2008 to July 2022, Mr. Williams served in supervisory roles, including Deputy Branch Chief and Section Supervisor. Throughout his career with the office, he has led numerous criminal investigations and prosecutions involving immigration, firearms, narcotics, money laundering, murder and other violent crimes, white-collar offenses, and various federal violations. He has also argued multiple appeals before the Tenth Circuit Court of Appeals, securing two successful topside appeals. In recognition of his appellate work, Mr. Williams received the EOUSA Director’s Award for Superior Performance in 2010. Before joining the office, he practiced commercial litigation as an associate at Vinson & Elkins L.L.P. in Houston, Texas. Mr. Williams earned his J.D. with honors from the University of Texas School of Law and his B.A. cum laude from Southwestern University in Georgetown, Texas. He grew up in Fort Worth, Texas.
Paige Messec will continue to serve as the Chief of the Appellate Division, which she has headed since 2018. Ms. Messec joined the office in 2008 and served in the Immigration, General Crimes, and White Collar sections of the Criminal Division before moving to the Appellate Division in 2015. She received her undergraduate degree summa cum laude from Georgetown University and law degree cum laude from Harvard Law School. Before joining the office, she clerked for Judge Harris L Hartz on the Tenth Circuit Court of Appeals.
Jeremy Peña has been appointed as Senior Litigation Counsel for the Albuquerque Criminal Division. Mr. Peña joined the U.S. Attorney’s Office in 2011, starting in the General Crimes Section and moving to the White Collar Section that same year. In 2014, he received the U.S. Attorney’s Award for the trial conviction of Sheriff Thomas Rodella. He has prosecuted some of the Office’s most complex cases, including Ayudando Guardians and the recent trial conviction of Solomon Peña. Mr. Peña graduated from Pomona College and the University of Chicago Law School. He was an Assistant District Attorney for five years before becoming an AUSA.
In the Las Cruces Branch Office, Terri Abernathy will continue to serve as Senior Litigation Counsel for the Criminal Division, a position she has held since 2010. In this role, Ms. Abernathy is responsible for coordinating the training of Assistant U.S. Attorneys and Special Assistant U.S. Attorneys in the Las Cruces Office. She has been with the office since 2000 and serves as the District’s Border Security Coordinator. Over her 25-year career, Ms. Abernathy has prosecuted complex narcotics cases and more than a thousand immigration cases. Before joining the office, she clerked for Circuit Judge Bobby R. Baldock of the Tenth Circuit Court of Appeals and is a graduate of Washington University School of Law in St. Louis, Missouri.
In addition to his executive leadership team, Mr. Ellison announced a restructured Criminal Division in the Albuquerque Office, now organized into four sections:
- Narcotics and Organized Crimes: Led by Supervisory Assistant U.S. Attorney Elaine Ramirez and Deputy Supervisory Assistant U.S. Attorney Lou Mattei.
- White Collar Crimes: Led by Supervisory Assistant U.S. Attorney Fred Federici.
- Violent and General Crimes: Led by Supervisory Assistant U.S. Attorney Samuel Hurtado and Deputy Supervisory Assistant U.S. Attorney Paul Mysliwiec.
- Indian Country Crimes: Led by Supervisory Assistant U.S. Attorney Matthew McGinley.
The Las Cruces Branch Office is organized into two sections:
- Organized and General Crimes: Led by Supervisory Assistant U.S. Attorney Joni Stahl.
- Violent and General Crimes: Led by Supervisory Assistant U.S. Attorney Maria Armijo.
Public safety and a secure border are the top priorities for the District of New Mexico. With this new leadership team in place, the U.S. Attorney’s Office is committed to vigorously enforcing the law, protecting our communities, and upholding the rights of all New Mexicans. The office will continue to collaborate closely with local, state, tribal, and federal partners to address violent crime, combat drug trafficking, and strengthen border security.
Federal Charge Filed Against Convicted Felon for Illegal Firearm Possession in ShiprockRead the Press Release
ALBUQUERQUE – A previously convicted felon, already under investigation for multiple crimes, has been federally charged after being found with a stolen firearm in Shiprock.
According to court documents, on the morning of May 15, 2025, the Navajo Nation Police Department received reports of a male firing a gun near a Marathon gas station on U.S. Highway 64 in Shiprock. Responding officers located and detained Jay Kelly, 39, an enrolled member of the Navajo Nation. Officers discovered a stolen revolver and approximately 100 rounds of ammunition inside Kelly’s backpack.
Witnesses confirmed Kelly fired the handgun multiple times in the air, but did not report anyone being threatened or injured. A background check revealed Kelly to be a convicted felon, making it illegal under federal law for him to possess firearms or ammunition. Kelly was implicated in two other criminal investigations earlier this year, including arson and illegal firearm possession.
Kelly is charged with being a convicted felon in possession of a firearm and ammunition. He will remain in custody pending a detention hearing, which will occur next week. If convicted of this charge, Kelly faces up to 10 years in prison.
U.S. Attorney Ryan Ellison and Philip Russell, Acting Special Agent in Charge of the Federal Bureau of Investigation’s Albuquerque Field Office, made the announcement today.
The Farmington Resident Agency of the Federal Bureau of Investigation’s Albuquerque Field Office investigated this case with assistance from the Navajo Nation Police Department and Navajo Department of Criminal Investigations. Assistant U.S. Attorney Zachary C. Jones is prosecuting the case.
View the Criminal Complaint (Kelly).pdfA criminal complaint is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Woman Indicted in Federal Court After Shooting Man with a Handgun on Navajo NationRead the Press Release
ALBUQUERQUE – A Navajo Nation woman has been indicted in federal court after allegedly shooting a man with a handgun during an incident that left the victim with serious injuries.
According to court documents, on November 17, 2024, Beverleta Tayah, 53, an enrolled member of the Navajo Nation, assaulted John Doe with a handgun and that assault resulted in serious bodily injury to Doe.
Tayah stands charged with three felony crimes—assault resulting in serious bodily injury, assault with a dangerous weapon, and using and carrying a firearm during and in relation to a crime of violence and discharging said firearm. She will remain in custody pending a detention hearing, which will occur next week. If convicted of the current charges, Tayah faces a mandatory minimum sentence of 10 years in prison.
U.S. Attorney Ryan Ellison and Philip Russell, Acting Special Agent in Charge of the Federal Bureau of Investigation’s Albuquerque Field Office, made the announcement today.
The Farmington Resident Agency of the Federal Bureau of Investigation’s Albuquerque Field Office investigated this case with assistance from the Navajo Nation Police Department and Navajo Department of Criminal Investigations. Assistant U.S. Attorney Zachary C. Jones is prosecuting the case.
View the Indictment (Tayah)_0.pdfAn indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Canoncito Man Sentenced for Role in 2022 Fatal AssaultRead the Press Release
ALBUQUERQUE – A Canoncito man was sentenced to three years’ probation for his role in the violent 2022 assault that led to the death of John Doe.
There is no parole in the federal system.
According to court documents, on May 27, 2022, Landen Toledo, 21, an enrolled member of the Navajo Nation, along with Cole Ray Shorty, confronted John Doe at his residence to retrieve Shorty’s backpack. During the confrontation, John Doe exited his vehicle with a baseball bat. Toledo grabbed John Doe by the wrists, threw him to the ground, and kicked him in the stomach several times, causing him to drop the bat. Shorty then struck John Doe on the head with the bat. John Doe was left unconscious at the scene and later died from blunt head trauma.
Shorty pled guilty to voluntary manslaughter and was sentenced to 72 months in prison.
Toledo pleaded guilty to voluntary manslaughter.
U.S. Attorney Ryan Ellison and Philip Russell, Acting Special Agent in Charge of the Federal Bureau of Investigation’s Albuquerque Field Office, made the announcement today.
The FBI Albuquerque Field Office investigated this case with assistance from the Navajo Police Department and Navajo Department of Criminal Investigations. Assistant United States Attorney Brittany DuChaussee is prosecuting the case.
Arizona Man Pleads Guilty to Charges Arising from Fatal Drunk Driving CrashRead the Press Release
ALBUQUERQUE – An Arizona man pleaded guilty to two counts of involuntary manslaughter and one count of assault resulting in serious injury following a fatal drunk driving crash.
According to court records, on November 14, 2024, Marvin Wauneka, 40, an enrolled member of the Navajo Nation, drove under the influence of alcohol, resulting in a single-vehicle, high-speed rollover crash on Navajo Route 54 within the Navajo Nation. The crash caused the deaths of two passengers and seriously injured a third passenger. As the time, Wauneka had a prior DUI conviction.
At sentencing, Wauneka faces a maximum of 26 years in prison. Upon his release from prison, Wauneka will be subject to up to three years of supervised release.
U.S. Attorney Ryan Ellison made the announcement today.
The Navajo Nation Police Department and Navajo Department of Criminal Investigations are investigating this case. Assistant U.S. Attorney Mark A. Probasco is prosecuting the case.
View the Plea Agreement (Wauneka).pdfVirginia Man Charged with Conspiracy in Smuggling of Honduran MinorRead the Press Release
ALBUQUERQUE – A Virginia man has been charged with conspiracy to transport an illegal alien after he arranged and paid for the smuggling of a 17-year-old Honduran minor into the United States.
According to court documents, on May 3, 2025, U.S. Border Patrol agents apprehended a 17-year-old unaccompanied minor from Honduras near Santa Teresa, New Mexico, after she unlawfully entered the United States. The subsequent investigation revealed that Luis Alonso Argueta-Diaz, 35, of Virginia, had arranged and partially paid for the minor’s smuggling into the country. When questioned by agents from Homeland Security Investigations, Argueta-Diaz admitted to coordinating and financing the minor’s journey with the intent for her to live with him and assist in caring for his children.
Argueta-Diaz is charged with conspiracy to transport an illegal alien and will remain in custody pending trial, which has not yet been scheduled. If convicted of the current charges, Argueta-Diaz faces 10 years in prison.
U.S. Attorney Ryan Ellison and Jason T. Stevens, Special Agent in Charge of Homeland Security Investigations El Paso, made the announcement today.
Homeland Security Investigations investigated this case with assistance from U.S. Border Patrol, U.S. Immigration and Customs Enforcement ERO Richmond, FBI Richmond Field Office, IRS Criminal Investigation, Virginia State Police, and the Henrico Police Department. The U.S. Attorney’s Office for the District of New Mexico is prosecuting this case as part of Operation Take Back America, a nationwide initiative that marshals the full resources of the Department of Justice to repel the invasion of illegal immigration, achieve the total elimination of cartels and transnational criminal organizations (TCOs), and protect our communities from the perpetrators of violent crime. Operation Take Back America streamlines efforts and resources from the Department’s Organized Crime Drug Enforcement Task Forces (OCDETF) and Project Safe Neighborhoods (PSN).
View the Criminal Complaint (Argueta-Diaz).pdfA criminal complaint is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Shiprock Man Charged with Assault in ShootingRead the Press Release
ALBUQUERQUE – A Shiprock man has been charged with assault with a dangerous weapon following a shooting incident outside a restaurant.
According to court documents, Navajo Nation Police responded to a 911 call reporting that an individual was shot in the hand in front of the Little Caesars Restaurant in Shiprock. Officers located the suspect, identified as Terrold Tyler, 35, an enrolled member of the Navajo Nation, near the scene carrying a black backpack that contained a homemade firearm and five live shotgun shells. Tyler was detained without incident.
Investigators determined that Tyler and the victim were involved in an argument behind the restaurant prior to the shooting. Tyler allegedly produced the homemade shotgun and shot the victim in the left hand. Paramedics responded to the scene, but the victim declined medical treatment. A social media video depicting Tyler with the firearm was also recovered as evidence.
Tyler is charged with assault with a dangerous weapon and will remain in custody pending trial, which has not yet been scheduled. If convicted of the current charges, Tyler faces up to 10 years in prison.
U.S. Attorney Ryan Ellison and Philip Russell, Acting Special Agent in Charge of the Federal Bureau of Investigation’s Albuquerque Field Office made the announcement today.
The Farmington Resident Agency of the Federal Bureau of Investigation’s Albuquerque Field Office investigated this case with assistance from the Navajo Nation Police Department and Navajo Department of Criminal Investigations. Assistant U.S. Attorney Amy Mondragon is prosecuting the case.
View the Criminal Complaint (Tyler).pdfA criminal complaint is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Shiprock Man Charged in Connection to Stabbing IncidentRead the Press Release
ALBUQUERQUE – A Shiprock man has been charged with assault with a dangerous weapon after he allegedly stabbed a man multiple times during an altercation near Shiprock.
According to court documents, on the night of April 19, 2025, Navajo Police Department officers responded to a 911 call reporting a stabbing in Shiprock, New Mexico. Officers located the victim who had sustained three stab wounds to his upper and lower back. The victim was transported to the hospital for emergency treatment.
An investigation led by the FBI and Navajo Nation Criminal Investigators revealed that Matthew Charley, 29, an enrolled member of the Navajo Nation, approached the victim and two witnesses. After a brief verbal exchange, the witnesses left the area, leaving Charley and the victim alone. When the witnesses returned a short time later, they found the victim had been stabbed. The victim identified Charley as his assailant.
Law enforcement collected witness statements, obtained video evidence, and reviewed surveillance footage that corroborated the description and movements of the suspect.
Screenshot of video showing CharleyCharley is charged with assault with a dangerous weapon and will remain in custody pending trial, which has not yet been scheduled. If convicted of the current charges, Charley faces 10 years in prison.
U.S. Attorney Ryan Ellison and Philip Russell, Acting Special Agent in Charge of the Federal Bureau of Investigation’s Albuquerque Field Office made the announcement today.
The Farmington Resident Agency of the Federal Bureau of Investigation’s Albuquerque Field Office investigated this case with assistance from the Navajo Nation Police Department and Navajo Department of Criminal Investigations. Assistant U.S. Attorney Amy Mondragon is prosecuting the case.
View the Criminal Complaint (Charley).pdfA criminal complaint is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Ojo Amarillo Man Charged in Brutal AssaultRead the Press Release
ALBUQUERQUE – A Ojo Amarillo man has been charged by criminal complaint with assault following an incident that left the victim with multiple fractures and severe facial injuries.
According to court documents, on May 6, 2025, the Navajo Nation Police Department responded to a residence in Ojo Amarillo, New Mexico, where officers discovered the victim suffering from extensive facial lacerations, swelling, and a right eye swollen shut. She was immediately transported to San Juan Regional Medical Center for emergency treatment.
The victim reported that Kyle Kee, 33, an enrolled member of the Navajo Nation, attacked her without warning, striking her repeatedly in the face, back, and stomach. The assault only ended when a phone call interrupted the attack. The victim said that Kee had previously assaulted her and was on probation for a prior offense.
Officers located Kee hiding in a nearby field. After initially attempting to evade capture, Kee was apprehended and became verbally aggressive, spitting on and kicking an officer during the arrest.
Medical records confirm the victim sustained an orbital fracture, nasal bone fractures, multiple contusions, and a laceration above her right eye requiring sutures.
Keeis charged with assault resulting in serious bodily injury and will remain in custody pending trial, which has not been set. If convicted, Kee faces up to 10 years in prison.
U.S. Attorney Ryan Ellison and Philip Russell, Acting Special Agent in Charge of the Federal Bureau of Investigation’s Albuquerque Field Office, made the announcement today.
The Farmington Resident Agency of the Federal Bureau of Investigation’s Albuquerque Field Office investigated this case with assistance from the Navajo Police Department and Navajo Department of Criminal Investigations. Assistant U.S. Attorney Aaron Jordan is prosecuting the case.
A criminal complaint is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
U.S. Attorney's Office for the District of New Mexico Weekly Immigration and Border Crimes ReportRead the Press Release
ALBUQUERQUE – Today, the United States Attorney’s Office for the District of New Mexico announced its immigration enforcement statistics for this week. These cases are prosecuted in partnership with the El Paso Sector of the U.S. Border Patrol, along with Homeland Security Investigations El Paso, and assistance from other federal, state, and county agencies.
In the one-week period ending May 16, 2025, the United States Attorney’s Office brought the following criminal charges in New Mexico:
- 68 individuals were charged this week with Illegal Reentry After Deportation (8 U.S.C. 1326)
- 8 individual was charged this week with Alien Smuggling (8 U.S.C. 1324)
- 3 individual was charged this week with Illegal Entry (8 U.S.C. 1325)
- 133 individuals were charged this week with Illegal Entry (8 U.S.C. 1325) and 50 U.S.C. 797, violation of a military security regulation, arising from the newly established National Defense Area in New Mexico.
Many of the defendants charged pursuant to 18 U.S.C. 1326 had prior criminal convictions for alien smuggling, drug possession, and DUI.
In a significant case, Salvador Ruacho Aguirre, a Mexican citizen, was encountered during a traffic stop in Las Cruces, New Mexico, on May 13, 2025. During a search of his vehicle, officers discovered a .45 caliber handgun with a loaded magazine in the driver’s side door and a 12-gauge shotgun with ammunition on the passenger seat. Subsequently, FBI agents obtained a search warrant for Aguirre’s residence, where they located five additional firearms.
In another case, Aaron Christopher Montez fled the U.S. Border Patrol checkpoint on New Mexico State Highway 185 on May 11, 2025, reaching speeds of up to 70 mph in a 45-mph zone. During the pursuit, Montez briefly pulled over to the side of the highway. Agents later discovered an undocumented immigrant in the area where Montez had stopped. When Montez was eventually apprehended, he was arrested for high-speed flight and alien smuggling. Montez admitted to transporting the individual in the trunk of his vehicle.
These cases are part of Operation Take Back America, a nationwide initiative that marshals the full resources of the Department of Justice to repel the invasion of illegal immigration, achieve the total elimination of cartels and transnational criminal organizations (TCOs), and protect our communities from the perpetrators of violent crime.
These statistics represent prosecutions by the United States Attorney’s Office for the District of New Mexico only. The numbers do not include individuals apprehended by immigration enforcement officials and subjected solely to administrative process.
Under current leadership, public safety and a secure border are the top priorities for the District of New Mexico. Enhanced enforcement both at the border and in the interior of the district have yielded aliens engaged in unlawful activity or with serious criminal history, including human trafficking, sexual assault and violence against children.
The District of New Mexico consists of 33 counties and shares 180 miles of international border with Mexico. Assistant U.S. Attorneys from Albuquerque and Las Cruces work directly with our federal, state and local law enforcement partners to prosecute immigration-related and other federal offenses.
Defendant Sentenced to Prison in Domestic Violence CaseRead the Press Release
ALBUQUERQUE – A Dulce man was sentenced to 24 months in prison for assault with a dangerous weapon following a violent domestic incident.
There is no parole in the federal system.
According to court documents, on November 16, 2021, Jicarilla Apache Police responded to a report of domestic violence at a residence within the Jicarilla Apache Nation. Upon arrival, officers found an adult female victim visibly distressed and injured. Officers observed fresh abrasions and other signs of physical harm.
The investigation revealed that an argument between Orlyn Vigil, 49, an enrolled member of the Jicarilla Apache Nation, and the victim escalated into violence. Vigil physically assaulted the victim, including strangling, dragging, and throwing her to the ground. As the victim attempted to leave the area, Vigil struck her with a vehicle, causing further injury.
Vigil pleaded guilty to assault with a deadly weapon. Upon his release from prison, Vigil will be subject to three years of supervised release.
U.S. Attorney Ryan Ellison made the announcement today.
The Jicarilla Apache Police Department investigated this case. Assistant United States Attorneys Mia Ulibarri-Rubin and Nicholas J. Marshall are prosecuting the case.
Vanderwagon Man Pleads Guilty to Assault and Federal Firearms Charges Following Armed ConfrontationRead the Press Release
ALBUQUERQUE – A Vanderwagon man pleaded guilty to assault and federal firearms charges after firing shots and threatening a man with a rifle during a confrontation on the Navajo Nation.
According to court records on May 1, 2023, Perris Jeremiah Arthur, 36, initiated a confrontation at John Doe’s residence in Vanderwagon. Arthur then went outside to retrieve a rifle from his ATV, fired two shots into the RV, and later pointed the weapon directly at John Doe, threatening him with the firearm.
At sentencing, Arthur faces a minimum of seven years and up to life in prison. Upon his release from prison, Arthur will be subject to up to five years of supervised release.
U.S. Attorney Ryan Ellison and Philip Russell, Acting Special Agent in Charge of the Federal Bureau of Investigation’s Albuquerque Field Office made the announcement today.
The Gallup Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Navajo Nation Department of Investigation and Department of Criminal Investigations. Assistant United States Attorney Nicholas J. Marshall is prosecuting the case.
U.S. Attorney's Office for the District of New Mexico Weekly Immigration and Border Crimes ReportRead the Press Release
ALBUQUERQUE – Today, the United States Attorney’s Office for the District of New Mexico announced its immigration enforcement statistics for this week. These cases are prosecuted in partnership with the El Paso Sector of the U.S. Border Patrol, along with Homeland Security Investigations El Paso, and assistance from other federal, state, and county agencies.
In the one-week period ending May 9, 2025, the United States Attorney’s Office brought the following criminal charges in New Mexico:
- 91 individuals were charged this week with Illegal Reentry After Deportation (8 U.S.C. 1326)
- 1 individual was charged this week with Alien Smuggling (8 U.S.C. 1324)
- 1 individual was charged this week with Illegal Entry (8 U.S.C. 1325)
- 209 individuals were charged this week with Illegal Entry (8 U.S.C. 1325) and 50 U.S.C. 797, violation of a military security regulation, arising from the newly established National Defense Area in New Mexico.
Many of the defendants charged pursuant to 18 U.S.C. 1326 had prior criminal convictions for alien smuggling, burglary, drug trafficking, illegal reentry, and DUI.
In a significant case, Gerald Anthony Lopez fled from the I-10 U.S. Border Patrol checkpoint in Doña Ana County, NM, after agreeing to a secondary inspection, reaching speeds of up to 140 mph. When Lopez was finally stopped by law enforcement, agents found a handgun and ammunition in the vehicle.
These cases are part of Operation Take Back America, a nationwide initiative that marshals the full resources of the Department of Justice to repel the invasion of illegal immigration, achieve the total elimination of cartels and transnational criminal organizations (TCOs), and protect our communities from the perpetrators of violent crime.
These statistics represent prosecutions by the United States Attorney’s Office for the District of New Mexico only. The numbers do not include individuals apprehended by immigration enforcement officials and subjected solely to administrative process.
Under current leadership, public safety and a secure border are the top priorities for the District of New Mexico. Enhanced enforcement both at the border and in the interior of the district have yielded aliens engaged in unlawful activity or with serious criminal history, including human trafficking, sexual assault and violence against children.
The District of New Mexico consists of 33 counties and shares 180 miles of international border with Mexico. Assistant U.S. Attorneys from Albuquerque and Las Cruces work directly with our federal, state and local law enforcement partners to prosecute immigration-related and other federal offenses.
Mescalero Man Sentenced to Federal Prison for Sexual Assault of MinorRead the Press Release
ALBUQUERQUE – A Mescalero man was sentenced to 48 months in prison for sexually assaulting a teen 20 years his junior.
There is no parole in the federal system.
According to court documents, on September 27, 2024, Thomas Lee Chaffins, 35, an enrolled member of Mescalero Apache Tribe, sexually assaulted a 15-year-old girl on the Mescalero Apache Indian Reservation
Upon his release from prison, Chaffins will be subject to five years of supervised release.
U.S. Attorney Ryan Ellison and Phillip Russell, Acting Special Agent in Charge of the Federal Bureau of Investigation’s Albuquerque Field Office made the announcement today.
The Las Cruces Resident Agency of the FBI’s Albuquerque Field Office investigated this case with assistance from the Bureau of Indian Affairs. Assistant United States Attorney Alyson Hehr is prosecuting the case.
Justice Department and City of Albuquerque Seek Termination of Consent Decree Covering the Albuquerque Police DepartmentRead the Press Release
ALBUQUERQUE – The Justice Department and the City of Albuquerque filed a joint motion today seeking U.S. District Court approval to terminate the federal consent decree covering the Albuquerque Police Department (APD) since 2015. The joint motion follows a long record of findings that APD has maintained full compliance with the decree.
“This consent decree has run its course successfully,” said Assistant Attorney General Harmeet K. Dhillon of the Justice Department’s Civil Rights Division. “We are proud to stand by the men and women of the Albuquerque Police Department and ask the court to terminate this consent decree. Albuquerque Police operates constitutionally. It is now appropriate to end federal oversight and return full control of local law enforcement to the city.”
“The Albuquerque Police Department has made tremendous progress toward constitutional policing and a culture of accountability,” said U.S. Attorney Ryan Ellison for the District of New Mexico. “This progress builds on nearly a decade of hard work and partnership with the community, laying a strong foundation for the future and opening the door to a new chapter of local control of law enforcement. The U.S. Attorney’s Office will stand shoulder to shoulder with the men and women of the APD to make Albuquerque a safer place to live, work, raise a family, and run a business.”
The CASA, originally implemented to address concerns over excessive force and accountability within APD, allows for termination once the City demonstrates “sustained and continuing improvement” across specific outcome measures, including use of force, crisis response, officer training, supervision, and internal investigations.
Recent data from 2022 and beyond confirm that APD has met those requirements. Notably:
- Use of Force: APD has significantly reduced the frequency and severity of force. In 2022, force incidents declined 18% from the previous year, and over 60% involved only low-level force. Only 4% of force cases were found out of policy, and each was met with appropriate corrective action.
- Crisis Response: Less than 1% of behavioral health and suicide-related calls involved force, and the City’s Albuquerque Community Safety department has diverted tens of thousands of calls away from police to civilian responders.
- Accountability and Oversight: APD reviews every use of force, sustains misconduct findings when appropriate, and has strengthened its internal and civilian oversight systems.
- Training and Culture: Officers are receiving consistent, CASA-aligned training, and data shows a shift toward a culture of self-correction and accountability.
This progress marks a turning point for the APD. With sustained improvements across every core area of the agreement, the Justice Department and the City are confident that APD is ready to move forward independently, continuing its commitment to constitutional policing.
Justice Department and City of Albuquerque Seek Termination of Consent Decree Covering the Albuquerque Police DepartmentRead the Press Release
Note: View joint motion here.
The Justice Department and the City of Albuquerque filed a joint motion today seeking U.S. District Court approval to terminate the federal consent decree covering the Albuquerque Police Department (APD) since 2015. The joint motion follows a long record of findings that APD has maintained full compliance with the decree.
“This consent decree has run its course successfully,” said Assistant Attorney General Harmeet K. Dhillon of the Justice Department’s Civil Rights Division. “We are proud to stand by the men and women of the Albuquerque Police Department and ask the court to terminate this consent decree. Albuquerque Police operates constitutionally. It is now appropriate to end federal oversight and return full control of local law enforcement to the city.”
“The Albuquerque Police Department has made meaningful progress toward constitutional policing and a culture of accountability,” said U.S. Attorney Ryan Ellison for the District of New Mexico. “This progress builds on nearly a decade of hard work and partnership with the community, laying a strong foundation for the future and opening the door to a new chapter. This chapter demands leadership that listens, a community that stays engaged, and a department committed to doing what is right, even when it is difficult, in service of a safer, more just Albuquerque for all.”
Zuni Man Pleads Guilty to Voluntary Manslaughter in Fatal Stabbing CaseRead the Press Release
ALBUQUERQUE – A Zuni man pleaded guilty in federal court to voluntary manslaughter in connection with a fatal stabbing.
According to court records, on February 4, 2023, Joey Luarkie, 25, an enrolled member of the Zuni pueblo, was at a residence in Zuni when the victim arrived, and an argument ensued. The confrontation escalated inside the home, where Luarkie stabbed the victim in the neck. The victim was found outside the residence by responding officers and died the next day after being transported to the hospital and undergoing emergency surgeries.
At sentencing, Luarkie faces up to 15 in prison, followed by up to three years of supervised release.
U.S. Attorney Ryan Ellison and Philip Russell, Acting Special Agent in Charge of the Federal Bureau of Investigation’s Albuquerque Field Office made the announcement today.
The Gallup Resident Agency of the FBI’s Albuquerque Field Office investigated this case with assistance from the Zuni Police Department. Assistant United States Attorney Nicholas J. Marshall is prosecuting the case.
Justice Department Announces Results of Operation Restore JusticeRead the Press Release
ALBUQUERQUE – Yesterday, the Department of Justice announced the results of Operation Restore Justice, a coordinated enforcement effort to identify, track and arrest child sex predators. The operation resulted in the rescue of 115 children and the arrests of 205 child sexual abuse offenders in the nationwide crackdown. The coordinated effort was executed over the course of five days by all 55 FBI field offices, the Child Exploitation and Obscenity Section in the Department’s Criminal Division, and United States Attorney’s Offices around the country.
“The Department of Justice will never stop fighting to protect victims — especially child victims — and we will not rest until we hunt down, arrest, and prosecute every child predator who preys on the most vulnerable among us,” said Attorney General Pamela Bondi. “I am grateful to the FBI and their state and local partners for their incredible work in Operation Restore Justice and have directed my prosecutors not to negotiate.”
“Every child deserves to grow up free from fear and exploitation, and the FBI will continue to be relentless in our pursuit of those who exploit the most vulnerable among us,” said FBI Director Kash Patel. “Operation Restore Justice proves that no predator is out of reach and no child will be forgotten. By leveraging the strength of all our field offices and our federal, state and local partners, we’re sending a clear message: there is no place to hide for those who prey on children.”
“Protecting children is one of our society’s most fundamental core values.,” said U.S. Attorney Ryan Ellison. “Thanks to the relentless efforts of the FBI and our law enforcement partners, child predators will find no safe haven in New Mexico. Every child deserves to grow up in safety and with hope—and we will not stop working until that promise is fulfilled for each and every kid in our state.”
"Those who prey on children will find no refuge from justice. These predators pose a serious threat to the safety of our communities, said Philip Russell Acting Special Agent in Charge of the FBI Albuquerque Division. "The FBI will continue to prioritize these investigations and support our partners in pursuing offenders to the fullest extent of the law."
As a result of the operation, the following individuals are now facing charges in the District of New Mexico:
Noah John Carney, 31: Carney is accused of coercing a minor to engage in sexual activity between July and August of 2024. Carney was previously convicted of attempted coercion and enticement in 2014 and was sentenced to 10 years in prison. He was serving an 18-month term of supervised release at the time of this offense.
Carl Weatherman, 42: Weatherman is accused of possessing child sexual abuse material which was found at his home during a search warrant last year. Weatherman was previously convicted of receipt of visual depictions of minors engaged in sexually explicit conduct in 2016 and sentenced to 75 months in prison. He was serving a 10-year term of supervised release at the time of the current offense.
Others arrested around the country are alleged to have committed various crimes including the production, distribution, and possession of child sexual abuse material, online enticement and transportation of minors, and child sex trafficking. In Minneapolis, for example, a state trooper and Army Reservist was arrested for allegedly producing child sexual abuse material while wearing his uniforms. In Norfolk, VA, an illegal alien from Mexico is accused of transporting a minor across state lines for sex. In Washington, D.C., a former Metropolitan Police Department Police Officer was arrested for allegedly trafficking minor victims.
In many cases, parental vigilance and community outreach efforts played a critical role in bringing these offenders to justice. For example, a California man was arrested about eight hours after a young victim bravely came forward and disclosed their abuse to FBI agents after an online safety presentation at a school near Albany, N.Y.
This effort follows the Department’s observance of National Child Abuse Prevention Month in April and underscores the Department’s unwavering commitment to protecting children and raising awareness about the dangers they face. While the Department, including the FBI, investigates and prosecutes these crimes every day, April serves as a powerful reminder of the importance of preventing these crimes, seeking justice for victims, and raising awareness through community education.
The Justice Department is committed to combating child sexual exploitation. These cases were brought as part of Project Safe Childhood, a nationwide initiative to combat the epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, visit www.justice.gov/psc.
The Department partners with and oversees funding grants for the National Center for Missing and Exploited Children (NCMEC), which receives and shares tips about possible child sexual exploitation received through its 24/7 hotline at 1-800-THE-LOST and on missingkids.org.
The Department urges the public to remain vigilant and report suspected exploitation of a child through the FBI’s tipline at 1-800-CALL-FBI (225-5324), tips.fbi.gov, or by calling your local FBI field office.
Other online resources:
Electronic Press Kit
Violent Crimes Against Children
How we can help you: Parents and caregivers protecting your kids
An indictment or criminal complaint is merely an allegation. The defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Dulce Man Indicted for Federal Assault Resulting in Serious Bodily InjuryRead the Press Release
ALBUQUERQUE – A Dulce man has been charged by indictment with assault following an alleged incident that left the victim with severe injuries.
According to court documents, on February 1, 2025, James William Julian, 25, an enrolled member of the Jicarilla Apache Nation, assaulted and seriously injured John Doe.
Julian is charged with assault resulting in serious bodily injury and will remain in custody pending trial, which has not been set. If convicted, Julian faces up to 10 years in prison.
U.S. Attorney Ryan Ellison and Philip Russell, Acting Special Agent in Charge of the Federal Bureau of Investigation’s Albuquerque Field Office, made the announcement today.
The Farmington Resident Agency of the Federal Bureau of Investigation’s Albuquerque Field Office investigated this case with assistance from the Jicarilla Apache Police Department. Assistant U.S. Attorney Meg Tomlinson is prosecuting the case.
View the Indictment (Julian).pdfAn indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
- La Jara Man Admits to Decades-Long Pattern of Sexual Abuse of Minors
Largest Fentanyl Bust in DEA History: Authorities Seize over 400 Kilograms of Fentanyl in Record-Shattering OperationRead the Press Release
ALBUQUERQUE – Federal authorities have arrested 16 individuals and seized record-breaking quantities of fentanyl, cash, firearms, and vehicles across multiple states, dismantling one of the largest and most dangerous drug trafficking organizations in U.S. history.
“This historic drug seizure, led by the DEA, is a significant blow against the Sinaloa Cartel that removes poison from our streets and protects American citizens from the scourge of fentanyl,” said Attorney General Pamela Bondi. “This Department of Justice will continue working with our law enforcement partners to dismantle every cartel network operating illegally in the United States.”
As part of this operation, law enforcement executed coordinated search warrants across five states, resulting in the following seizures:
Albuquerque, NM:
- Approximately $610,000 in U.S. currency
- 49 firearms, some with switches, and some ghost guns
- 396 kilograms of fentanyl pills
- 11.5 kilograms of fentanyl powder
- 1.5 kilograms of cocaine
- 3.5 kilograms of heroin
- 7 pounds of methamphetamine
- A Ford Raptor and GMC Denali Two vehicles valued at approximately $140,000
Salem, OR:
- More than $2.8 million in U.S. currency
- Jewelry valued at approximately $50,000
- A Mercedes AMG and Ford F-150 Shelby valued at approximately $150,000
Layton, UT:
- Approximately $780,000 in U.S. currency
- A Dodge TRX Mammoth valued at approximately $150,000
Phoenix, AZ:
- More than $390,000 in U.S. currency
- 72 pounds of methamphetamine
- 13 kilograms of fentanyl pills
- 2.4 pounds of heroin
- 5 kilograms of cocaine
Las Vegas, NV:
- Illegal alien apprehended and removed
- More than $93,000 in U.S. currency
- 2.7 kilograms of cocaine
- 1 pound of methamphetamine
“Our communities are safer today because of the tireless dedication and coordination among federal, state, tribal, and local law enforcement,” said United States Attorney Ryan Ellison. “By dismantling one of the largest and most dangerous fentanyl trafficking organizations in U.S. history, we have removed millions of lethal doses from our streets and sent a clear message: those who profit from poisoning our citizens will be held accountable. The fight continues, but this operation marks a decisive step in protecting families across the western United States.”
“Behind the three million fentanyl pills we seized are destructive criminal acts thwarted and American lives saved. This wasn't just a bust—it was a battlefield victory against a terrorist-backed network pumping death into our cities,” said DEA Acting Administrator Robert Murphy. “This case represents DEA’s largest single seizure of fentanyl pills to date. I commend the men and women of DEA for their extraordinary work, day in and day out, and I remind the cartels that DEA is relentlessly in pursuit and will not stop until we destroy your networks.”
Heriberto Salazar Amaya, 36, is the leader of the drug trafficking organization. He, along with Cesar Acuna-Moreno, 27, Bruce Sedillo, 26, Vincent Montoya, 35, David Anesi, 42, George Navarette-Ramirez, 25, Alex Anthony Martinez, Jose Luis Marquez, Nicholas Tanner, Brian Sanchez, Kaitlyn Young, Alan Singer, and David Altamirano Lopez are charged with conspiracy to distribute fentanyl.
Seven defendants face additional charges of distributing fentanyl: Cesar Acuna-Moreno, Brian Sanchez, Kaitlyn Young, Alan Singer, Bruce Sedillo, and Nicholas Tanner.
Jose Luis Marquez and Bruce Sedillo are each charged with possession with intent to distribute fentanyl.
Bruce Sedillo is also charged with possession of a firearm in furtherance of a drug trafficking crime.
Heriberto Salazar Amaya faces three additional immigration-related charges: illegal reentry after deportation, hiring an unauthorized alien, and conspiracy to harbor unauthorized aliens.
During the operation, three additional individuals were arrested and charged by criminal complaint:
- Phillip Lovato, 39: On April 29, 2025, agents seized approximately 110,000 fentanyl pills from Lovato’s stash house in Santa Fe, New Mexico. Lovato is charged with possession with intent to distribute 400 grams and more of fentanyl and conspiracy to commit drug trafficking.
- Roberta Herrera, 31; On April 28, 2025, agents seized approximately 365,000 pills fentanyl pills, 1,543.5 grams of heroin, 569.9 grams of cocaine, and 24 firearms from Herrera’s apartment. Agents also encountered a minor child at the location. Herrera is charged with possession with intent to distribute 400 grams and more of fentanyl, possession with intent to distribute 1 kilogram or more of heroin, possession with intent to distribute 500 grams and more of a mixture and substance containing a detectable amount of cocaine, conspiracy to commit drug trafficking, and using and carrying a firearm during and in relation to a drug trafficking crime.
- Misael Lopez Rubio, 25; on April 28, 2025, agents seized approximately 165.5 kilograms of fentanyl pills from a storage unit rented by Lopez Rubio. He is charged with possession with intent to distribute 400 grams and more of fentanyl and conspiracy to commit drug trafficking.
U.S. Attorney Ryan Ellison and Omar Arellano, Special Agent in Charge of the Drug Enforcement Administration’s El Paso Division, made the announcement today.
The DEA’s El Paso Division investigated this case with assistance from the IRS Criminal Investigation. The following law enforcement agencies participated in the law enforcement operation: Albuquerque Police Department, Bernalillo County Sheriff’s Office, Lea County Drug Task Force, United States Marshals Service, Federal Bureau of Investigation, Bernalillo County District Attorney’s Office, Isleta Police Department, Laguna Pueblo Police Department, Pojoaque Police Department and Sandoval County Sheriff’s Department.
Assistant U.S. Attorneys Matthew McGinley, Blake Nichols and Raquel Ruiz-Velez are prosecuting the case with assistance from the U.S. Attorney’s Office for the District of Oregon, U.S. Attorney’s Office for the District of Arizona, and U.S. Attorney’s Office for the District of Utah.
This case is part of Operation Take Back America, a nationwide initiative that marshals the full resources of the Department of Justice to repel the invasion of illegal immigration, achieve the total elimination of cartels and transnational criminal organizations (TCOs), and protect our communities from the perpetrators of violent crime. [use if applicable] Operation Take Back America streamlines efforts and resources from the Department’s Organized Crime Drug Enforcement Task Forces (OCDETF) and Project Safe Neighborhoods (PSN).
View the Indictment
View the Motion to Detain
View Lovato’s Criminal Complaint
View Herrera’s Criminal Complaint
View Lopez Rubio’s Criminal Complaint
An indictment or criminal complaint is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Ohkay Owingeh Man Charged with Multiple Counts of Aggravated Sexual AbuseRead the Press Release
ALBUQUERQUE – A Ohkay Owingeh man was federally indicted on multiple counts of aggravated sexual abuse for allegedly using force and threats to commit violent sexual acts.
According to court documents, Ashkia Randy Lee Trujillo, 30, an enrolled member of the Ohkay Owingeh Tribe, is accused of unlawfully and knowingly engaging in sexual acts with the victim on August 29, 2019. The indictment alleges that Trujillo used force, threats, and placed the victim in fear of death, serious bodily injury, or kidnapping during the commission of these acts.
Trujillois charged with three counts aggravated sexual abuse and will remain in third party custody pending trial, which has not been set. If convicted of the current charges, Trujillofaces up to life years in prison.
U.S. Attorney Ryan Ellison made the announcement today.
The Bureau of Indian Affairs investigated this case with assistance from the Ohkay Owingeh Police Department. Assistant U.S. Attorney Brittany DuChaussee is prosecuting the case.
An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Man Charged with Multiple Counts of Involuntary Manslaughter Following Fatal High-Speed Rollover CrashRead the Press Release
ALBUQUERQUE – An Arizona man has been charged with involuntary manslaughter and assault resulting in serious bodily injury following a fatal rollover crash that killed two people and injured two others.
According to court documents, on the afternoon of November 14, 2024, emergency responders were dispatched to mile marker five on Navajo Route 54 after reports of a single-vehicle rollover. Investigators determined that Marvin Wauneka, 40, an enrolled member of the Navajo Nation, was driving at excessive speeds of up to 95 MPH-while consuming alcohol. The crash resulted in the deaths of two occupants and left three others, including Wauneka, hospitalized with serious injuries.
A witness at the scene reported seeing Wauneka exit the vehicle after the crash, and a bottle of vodka was recovered near one of the victims. Surviving passengers confirmed Wauneka was driving and drinking at the time of the crash. Wauneka’s blood alcohol content was measured at .298 upon arrival at the hospital. He has a prior record of multiple DWI offenses and failures to appear in state court.
Wauneka is charged with two counts of involuntary manslaughter and one count of assault resulting in serious bodily injury and will remain in custody trial. If convicted of the current charges, Wauneka faces up to 26 years in prison.
U.S. Attorney Ryan Ellison made the announcement today.
The Navajo Nation Police Department and Navajo Department of Criminal Investigations are investigating this case. Assistant U.S. Attorney Mark A. Probasco is prosecuting the case.
A criminal complaint is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Career Criminal Sentenced to 17 Years After Federal Adoption from Second Judicial District Attorney's OfficeRead the Press Release
ALBUQUERQUE – An Albuquerque man with nine prior felony convictions was sentenced to 204 months in federal prison after robbing a local Whataburger at gunpoint and firing a shot inside the restaurant to effectuate the robbery.
There is no parole in the federal system.
According to court records, on June 10, 2023, Jonas Brandon Sanchez, 40, entered the Whataburger in the South Valley, brandished a 9mm “ghost gun” equipped with a high-capacity magazine, and stole approximately $60. During the robbery, Sanchez fired a round into a wall when an employee walked away, endangering everyone present. The incident was captured on multiple high-resolution surveillance cameras.
Sanchez firing gun inside restaurant Sanchez removing cash from drawer Sanchez pointing gun at employeeOn July 7, 2023, law enforcement executed a search warrant at Sanchez’s residence, recovering the firearm used in the robbery and the clothing he wore during the crime. Ballistics analysis from the ATF’s National Integrated Ballistic Information Network (NIBIN) matched the shell casing found at the scene to Sanchez’s pistol. At the time of the offense, Sanchez was a nine-time convicted felon.
Upon his release from prison, Sanchez will be subject to five years of supervised release.
U.S. Attorney Ryan Ellison and Bernalillo County District Attorney Sam Bregman made the announcement today.
The Bernalillo County Sheriff’s Office and Federal Bureau of Investigation’s Albuquerque Field Office investigated this case with assistance from the Albuquerque Police Department and Bureau of Alcohol, Tobacco, Firearms, and Explosives. Special Assistant U.S. Attorney Peter Haynes is prosecuting this case as part of an agreement with the Second Judicial District Attorney’s Office.
Through the agreement, Assistant District Attorneys are designated Special Assistant United States Attorneys (SAUSAs) in the United States Attorney’s Office. The SAUSA from the Second Judicial District Attorney’s Office screens felony criminal complaints filed in Bernalillo County for federal criminal offenses, prioritizing federal charges against those who drive violence in the Albuquerque metropolitan area. Since 2020, the United States Attorney’s Office has reviewed almost 3,000 cases and has charged more than 300 criminal cases pursuant to this program.
The United States Attorney’s Office has similar agreements with the New Mexico Department of Justice and the First Judicial District Attorney’s Office and plans to expand the program throughout the state.
U.S. Attorney's Office for the District of New Mexico Weekly Immigration and Border Crimes ReportRead the Press Release
ALBUQUERQUE – Today, the United States Attorney’s Office for the District of New Mexico announced its immigration enforcement statistics for this week. These cases are prosecuted in partnership with the El Paso Sector of the U.S. Border Patrol, along with Homeland Security Investigations El Paso, and assistance from other federal, state, and county agencies.
In the one-week period ending May 2, 2025, the United States Attorney’s Office brought the following criminal charges in New Mexico:
- 79 individuals were charged this week with Illegal Reentry After Deportation (8 U.S.C. 1326)
- 11 individuals were charged this week with Alien Smuggling (8 U.S.C. 1324)
- 12 individuals were charged this week with Illegal Entry (8 U.S.C. 1325)
- 130 individuals were charged this week with Illegal Entry (8 U.S.C. 1325) and 50 U.S.C. 797, violation of a military security regulation, arising from the newly established National Defense Area in New Mexico.
Many of the defendants charged pursuant to 18 U.S.C. 1326 had prior criminal convictions for alien smuggling, felon in possession, criminal sexual contact, and DUI.
Protecting law enforcement officers is a key part of border security. During this time period, two plainclothes Border Patrol agents near Santa Teresa, New Mexico, attempted to stop a suspicious Jeep Liberty believed to be involved in human smuggling. After stopping the vehicle, the agents questioned the driver, Roberto Jaciel Vazquez-Sanchez, and asked to see his phone, where they observed evidence suggesting involvement in smuggling activity. When confronted, Sanchez attempted to lock his phone and physically resisted the agents, pushing, kicking, and striking one agent in the face during the struggle. The agents subdued Sanchez, placed him in handcuffs, and transported him to the Santa Teresa Border Patrol Station.
From the beginning of Fiscal Year 2025 through the end of February 2025, 40 El Paso Sector Border Patrol Agents have been assaulted, following 103 assaults in Fiscal Year 2024. U.S. Border Patrol is collaborating closely with the FBI and the U.S. Attorney's Office to ensure that those who assault federal officers are brought to justice. This interagency cooperation is crucial in protecting the men and women who serve on the frontlines of our nation's border security efforts and in deterring future attacks on law enforcement personnel.
These cases are part of Operation Take Back America, a nationwide initiative that marshals the full resources of the Department of Justice to repel the invasion of illegal immigration, achieve the total elimination of cartels and transnational criminal organizations (TCOs), and protect our communities from the perpetrators of violent crime.
These statistics represent prosecutions by the United States Attorney’s Office for the District of New Mexico only. The numbers do not include individuals apprehended by immigration enforcement officials and subjected solely to administrative process.
Under current leadership, public safety and a secure border are the top priorities for the District of New Mexico. Enhanced enforcement both at the border and in the interior of the district have yielded aliens engaged in unlawful activity or with serious criminal history, including human trafficking, sexual assault and violence against children.
The District of New Mexico consists of 33 counties and shares 180 miles of international border with Mexico. Assistant U.S. Attorneys from Albuquerque and Las Cruces work directly with our federal, state and local law enforcement partners to prosecute immigration-related and other federal offenses.
U.S. Attorney Announces Prosecution of Title 50 Charges Following Joint Visit to New Mexico National Defense AreaRead the Press Release
ALBUQUERQUE – U.S. Attorney Ryan Ellison today announced the filing of 82 new Title 50 charges for unauthorized entry into the newly-designated National Defense Area along New Mexico’s southern border, following a high-level visit with Defense Secretary Pete Hegseth and U.S. Border Patrol Chief Michael Banks.
The charges mark the first large-scale use of a novel criminal statute targeting unauthorized entry onto federally protected military defense property, a move enabled by the recent transfer of control over a 170-mile stretch of borderland-known as the Roosevelt Reservation-from the Department of the Interior to the Department of Defense. This corridor, now treated as an extension of U.S. Army Garrison Fort Huachuca, is subject to enhanced military patrols and surveillance, with U.S. troops authorized to temporarily detain and transfer individuals to federal law enforcement for prosecution.
The newly filed Title 50 charges carry potential penalties of up to one year in prison, supplementing existing immigration-related offenses. The Justice Department’s actions underscore a coordinated federal response to border security, leveraging expanded military and prosecutorial authority to deter unlawful crossings.
“The Department of Justice will work hand in glove with the Department of Defense and Border Patrol to gain 100% operational control of New Mexico’s 170-mile border with Mexico,” U.S. Attorney Ryan Ellison reiterated following the meeting. “Trespassers into the National Defense Area will be Federally prosecuted—no exceptions.”
(left to right) Defense Secretary Hegseth, U.S. Border Patrol Chief Banks, USA EllisonThe U.S. Attorney’s Office for the District of New Mexico will continue to aggressively prosecute all violations within the National Defense Area, in close partnership with the Department of Defense and U.S. Customs and Border Protection.
Las Cruces Couple Charged with Evidence Tampering in Federal Investigation of Suspected Gang MemberRead the Press Release
ALBUQUERQUE – A former Doña Ana County Magistrate Judge and his wife are facing federal charges related to alleged evidence tampering in a case involving a suspected member of a Venezuelan criminal organization.
According to court records, on April 24, 2025, Jose Luis “Joel” Cano, 67, and Nancy Ann Cano, 68, were arrested at their Las Cruces home following a federal investigation into their connection with Cristhian Ortega-Lopez, an undocumented Venezuelan national suspected of being affiliated with the Tren de Aragua gang. Federal authorities allege that the Canos hired Ortega-Lopez for home repairs and later allowed him to reside in their guesthouse.
On February 28, 2025, Ortega-Lopez was arrested at the Cano residence and charged with being an illegal alien in possession of firearms. Investigators identified evidence, including clothing, tattoos, and social media content, which indicates Ortega-Lopez’s association with Tren de Aragua, a U.S.-designated Foreign Terrorist Organization (FTO).
Following Ortega-Lopez’s arrest, authorities allege that Jose Cano destroyed a cellphone belonging to Ortega-Lopez by smashing it with a hammer and discarding the remains, believing it contained incriminating photos and videos. Nancy Cano is accused of conspiring to delete Ortega-Lopez’s Facebook account to eliminate evidence.
“The allegations against Judge Dugan and Judge Cano are serious: no one, least of all a judge, should obstruct law enforcement operations," said Attorney General Pamela Bondi. "Doing so imperils the safety of our law enforcement officers and undermines the rule of law. The Department of Justice will continue to follow the facts — no one is above the law.”
“Sanctuary jurisdictions that shield criminal aliens endanger American communities,” said Deputy Attorney General Todd Blanche. “This Justice Department will not stand by as local officials put politics over public safety. Reckless sanctuary city policies create a sanctuary for one class—criminals. Those days are over.”
Jose Cano is charged with tampering with evidence, while Nancy Cano faces conspiracy to tamper with evidence. Both have been released on $10,000 bond each, are prohibited from contacting Ortega-Lopez, and must restrict tenants and guests at their properties to those who can provide proof of citizenship or legal residency.
“Judges are responsible for upholding our country’s laws. It is beyond egregious for a former judge and his wife to engage in evidence tampering on behalf of a suspected Tren de Aragua gang member accused of illegally possessing firearms,” said U.S. Attorney Ryan Ellison for the District of New Mexico. “The U.S. Attorney’s Office is committed to dismantling this foreign terrorist organization by disrupting its criminal operations in New Mexico. That starts by prosecuting those who support gang members — including judges.”
U.S. Attorney Ryan Ellison and Jason T. Stevens, Special Agent in Charge of Homeland Security Investigations (HSI) El Paso, made the announcement today.
Homeland Security Investigations investigated this case with assistance from FBI, Bureau of Alcohol, Tobacco, Firearms and Explosives and U.S. Customs and Border Protection. Assistant U.S. Attorneys Maria Y. Armijo, Randy Castellano, and Elizabeth Tonkin is prosecuting the case.
View the Criminal Complaint (Jose Luis Cano).pdf View the Criminal Complaint (Nancy Cano).pdfA criminal complaint is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Bread Springs Man Sentenced to Home Confinement with GPS Monitoring for AssaultRead the Press Release
ALBUQUERQUE – A Bread Springs man was sentenced to four years of supervised probation with strict special conditions following his guilty plea to assault resulting in serious bodily injury following a confrontation on the Navajo Nation.
According to court documents, on January 22, 2024, Arthur Pat, 69, an enrolled member of the Navajo Nation, responded to a commotion near his residence in Bread Springs, New Mexico. Upon observing his son involved in an altercation with three other men, Pat retrieved a loaded handgun and drove to the scene. After a verbal dispute escalated, Pat fired multiple shots, one of which struck John Doe in the knee. Doe was hospitalized with a “limb-threatening” injury and may face lifelong mobility issues.
Pat was arrested following a criminal complaint filed January 23, 2024, and later pleaded guilty to assault resulting in serious bodily injury. For the first year of his sentence, Pat will be subject to home detention with GPS monitoring. He is also strictly forbidden from contacting his victim and must complete 250 hours of community service. If Pat violates the terms of his supervised probation, the sentencing judge could impose any term of imprisonment originally available; that is, up to 10 years.
U.S. Attorney Ryan Ellison and Phillip Russel, Acting Special Agent in Charge of the Federal Bureau of Investigation’s Albuquerque Field Office, made the announcement today.
The Gallup Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Navajo Police Department and Department of Criminal Investigations. Assistant U.S. Attorney Zachary Jones is prosecuting the case.
Zuni Couple Sentenced for Violent AssaultRead the Press Release
ALBUQUERQUE – A Zuni Pueblo couple has been sentenced for a brutal assault in which they attacked a man in his home, prevented him from seeking help, and continued the assault in the presence of a witness and two minor children.
There is no parole in the federal system.
According to court records, on September 3, 2023, Shannon Concho, 47, and LouAnn Johnson, 29, both enrolled members of the Pueblo of Zuni, assaulted John Doe at his residence on the Zuni Pueblo. The incident began as a verbal dispute and rapidly escalated when Johnson repeatedly slapped the victim. Concho and Johnson then prevented the victim from calling for help by seizing his phones and attempting to access a bedroom where a witness and two minor children were present.
Concho continued the assault on John Doe by striking him over the head with a chair, nearly rendering him unconscious. Concho then instructed Johnson, who was wearing boots, to kick John Doe in the head. After Johnson complied, Concho continued the attack until Johnson alerted him that a witness had contacted law enforcement. Concho and Johnson fled the scene and remained at large until their subsequent apprehension in Arizona.
Concho was sentenced to 57 months in prison, and Johnson was sentenced to 24 months in prison. Upon their release, Concho and Johnson will be subject to three years of supervised release.
U.S. Attorney Ryan Ellison and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, made the announcement today.
The Gallup Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Zuni Police Department. This case is being prosecuted by Assistant United States Attorney Jesse Pecoraro.
Shiprock Man Sentenced to Federal Prison for Violent AssaultRead the Press Release
ALBUQUERQUE – A Shiprock man was sentenced to 4 years in prison for a brutal attack that left the victim with life-threatening injuries.
There is no parole in the federal system.
According to court documents, on January 1, 2024, Tyrell Jordan Benally, 26, an enrolled member of the Navajo Nation, assaulted Jane Doe at a residence in Shiprock, New Mexico. Benally repeatedly struck Jane Doe with a closed fist and strangled her until she lost consciousness. As a result, Jane Doe suffered serious bodily injury, including life-threatening injuries from the strangulation.
Upon his release from prison, Benally will be subject to three years of supervised release.
U.S. Attorney Ryan Ellison and Raul Bujanda, Special Agent in Charge of the Federal Bureau of Investigation’s Albuquerque Field Office, made the announcement today.
The Farmington Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Navajo Police Department and Department of Criminal Investigations. The United States Attorney’s Office for the District of New Mexico is prosecuting the case.
Pinehill Man Receives 27 and a Half Year Prison Sentence for Fatal Family ShootingRead the Press Release
ALBUQUERQUE – A Pinehill man was sentenced today to 27and a half years in prison for a fatal family shooting.
There is no parole in the federal system.
According to court documents, on the morning of December 22, 2023, Ellery Brent Yazzie, 38, an enrolled member of the Navajo Nation, fatally shot his father and brother, shot and seriously injured his sister, and tried to shoot his mother in their family home. Yazzie then attempted to take his own life, but he survived.
Upon his release from prison, Yazzie will be subject to five years of supervised release.
U.S. Attorney Ryan Ellison and Raul Bujanda, Special Agent in Charge of the Federal Bureau of Investigation’s Albuquerque Field Office, made the announcement today.
The Gallup Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Ramah Navajo Police Department. Assistant U.S. Attorneys Caitlin L. Dillon and Jena Ritchey are prosecuting the case.
Man Sentenced for Trafficking over 94,000 Fentanyl Pills Following Conviction in Fatal Albuquerque ShootingRead the Press Release
ALBUQUERQUE – Nathen Richard Garley, recently convicted of a deadly gang-related shooting that claimed the life of an 11-year-old boy, has now been sentenced to 20 years in prison for trafficking over 94,000 fentanyl pills in a case that underscores the deadly impact of drug and violent crime in New Mexico.
There is no parole in the federal system.
According to court documents, on September 13, 2023, Garley, 22, was stopped by law enforcement as a passenger in a vehicle near mile marker 85 in Cibola County, New Mexico, during a return trip from Phoenix, Arizona. A search of the vehicle, prompted by the odor of marijuana and Garley’s admission to recent use, led officers to discover a glass jar of marijuana on Garley and a duffel bag in the trunk containing approximately 10.97 kilograms of fentanyl pills-estimated to be over 94,000 pills in total.
Gray duffel bag and fentanyl
Fentanyl on scale
Garley admitted to possessing the duffel bag and acknowledged his addiction to prescription pills. Further investigation revealed evidence on Garley’s cell phone indicating his involvement in drug distribution. Testing confirmed the pills contained fentanyl, a synthetic opioid responsible for a significant rise in overdose deaths nationwide.
This federal drug arrest came just one week after Garley was involved in a tragic shooting in Albuquerque. On September 6, 2023, Garley, along with accomplices, opened fire on a vehicle they mistakenly believed was driven by a rival gang member. The attack killed 11-year-old Froylan Villegas and left his cousin paralyzed as the family was leaving an Isotopes baseball game. Authorities later linked Garley to the shooting, and he was convicted of first-degree murder and multiple other felonies related to the incident.
Following the shooting, Garley fled to Arizona, abandoning the vehicle used in the crime and evading authorities by staying at various Airbnbs and hotels. During this period, he searched for news articles about the murder, demonstrating awareness of the tragedy, yet continued his criminal activities by arranging to transport the massive fentanyl load back to New Mexico.
Garley selfie taken in Arizona
Garley selfie taken in Arizona
Garley is scheduled for sentencing in New Mexico District Court on May 21, 2025, for the murder and related charges.
Upon his release from prison, Garley will be subject to five years of supervised release.
U.S. Attorney Ryan Ellison and Jason T. Stevens, Acting Special Agent in Charge of Homeland Security Investigations (HSI) El Paso, made the announcement today.
Homeland Security Investigations investigated this case with assistance from the Albuquerque Police Department and New Mexico State Police. This case is being prosecuted by Assistant United States Attorney Timothy Trembley.
Jemez Man Pleads Guilty to Sexual Abuse of MinorsRead the Press Release
ALBUQUERQUE – A Jemez man pleaded guilty to two counts of sexual abuse of a minor.
According to court documents, Tyler Chinana, 35, an enrolled member of the Jemez Pueblo, admitted that in 2012, he engaged in unlawful sexual contact with a minor victim who was under the age of 12 at the time. In a separate incident, Chinana also admitted that in November 2022, he engaged in similar unlawful sexual contact with a second minor victim who was also under the age of 12.
At sentencing, Chinana faces up to life in prison followed by no less than five years and up to life of supervised release.
U.S. Attorney Ryan Ellison and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, made the announcement today.
The FBI Albuquerque Field Office investigated this case with the assistance of the Jemez Pueblo Police Department. Assistant U.S. Attorneys Meg Tomlinson and Timothy Trembley are prosecuting the case.
View the Plea Agreement (Chinana)_0.pdfDulce Woman Charged with Aggravated Sexual Abuse and Child AbuseRead the Press Release
ALBUQUERQUE – A Dulce woman has been charged with aggravated sexual abuse and abandonment of a child after an FBI investigation revealed allegations that she repeatedly sexually and physically abused minors over several years.
According to court documents, Muniz is charged with aggravated sexual abuse and abandonment of a child and will remain in third party custody pending trial, which has not been set. If convicted of the current charges, Muniz faces up to life in prison.
U.S. Attorney Ryan Ellison and Raul Bujanda, Special Agent in Charge of the Federal Bureau of Investigation’s Albuquerque Field Office, made the announcement today.
The Farmington Resident Agency of the Federal Bureau of Investigation’s Albuquerque Field Office investigated this case with assistance from the Jicarilla Apache Police Department. Assistant U.S. Attorney Eliot Neal is prosecuting the case.
A criminal complaint is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Arizona Man Receives 22-Year Prison Sentence for Aggravated Sexual Abuse of ChildRead the Press Release
ALBUQUERQUE – An Arizona man was sentenced to 22 years in prison for the prolonged sexual abuse of a minor over nearly a decade in the Navajo Nation.
There is no parole in the federal system.
According to court documents, between May 16, 2009, and May 15, 2012, Cedric Martinez, 31, engaged in unlawful sexual contact with a minor victim, who was under the age of 12, at a residence in Upper Fruitland, New Mexico, within the Navajo Nation.
Upon his release from prison, Martinez will be subject to fifteen years of supervised release and must register as a sex offender.
U.S. Attorney Ryan Ellison and Raul Bujanda, Special Agent in Charge of the Federal Bureau of Investigation’s Albuquerque Field Office, made the announcement today.
The Farmington Resident Agency of the Federal Bureau of Investigation’s Albuquerque Field Office investigated this case with assistance from the Navajo Police Department and Navajo Department of Criminal Investigations. Assistant United States Attorneys Brittany DuChaussee and Meg Tomlinson are prosecuting the case.