GRANTS, N.M. – A federal judge has ruled that Ryan Ellison was not validly serving as acting United States attorney for the District of New Mexico, a decision that centers on how the office’s leadership was designated but is not expected to derail federal prosecutions already underway, including cases of interest to Cibola County readers.
The ruling, issued Wednesday, Jan. 14, by U.S. District Judge David Nuffer, found Ellison’s designation as acting U.S. attorney was invalid.
In a statement released Thursday, Ellison said the judge also ruled Ellison was validly designated as first assistant U.S. attorney and, in that capacity, may continue supervising the U.S. Attorney’s Office for the District of New Mexico.
“The judge also declined to dismiss any of the challenged indictments or disqualify me from supervising those cases,” Ellison said.
According court paperwork, the dispute stems from a challenge filed by defense counsel arguing that Ellison’s continued service in the top role exceeded limitations Congress has placed on temporary service in major federal offices. Judge Nuffer’s ruling stated that Ellison “is not, and was never,” validly acting as United States attorney under the provision cited in the filings, and that claims by Ellison or the office that he is acting or interim U.S. attorney were “improper and inaccurate,” according to the same background.
However, the ruling did not invalidate the work of federal prosecutors in New Mexico or halt pending criminal cases because Judge Nuffer declined to dismiss the challenged indictments. The judge ruled that Ellison and other attorneys in the office were not disqualified from continuing to supervise or litigate existing matters, according to court documents.
Why Ellison’s Title is Invalid
After U.S. Attorney Alexander M.M. Uballez was nominated by President Joseph R. Biden in January 2022 and confirmed by the U.S. Senate in May 2022, he stepped down “at the request of President Donald J. Trump,” according to the U.S. Attorney’s Office news release announcing his departure in February 2025.
The office said First Assistant U.S. Attorney Holland S. Kastrin would serve as acting U.S. attorney “until a successor is nominated by the President and confirmed by the Senate,” reflecting the typical transition process when a Senate-confirmed U.S. attorney leaves office.
In April 2025 the U.S. Attorney General Pam Bondi announced she had appointed Ryan Ellison to lead the office. Ellison was sworn in April 18, 2025, by U.S. District Judge Margaret Strickland. Ellison was lauded as an Alamogordo native and longtime federal prosecutor who had served since 2018 as an assistant U.S. attorney in the Las Cruces branch office, most recently as a supervisory assistant U.S. attorney.
Over the following months, defense attorneys in federal criminal cases began challenging whether Ellison could continue serving in the top role without Senate confirmation, arguing that federal law places limits on temporary service in major appointed offices.
One such challenge, cited in background provided to the Cibola Citizen, was raised by Federal Public Defender Buck Glanz, who argued that Ellison’s continued designation “circumvented the limitations that Congress has imposed on temporary service” in the U.S. attorney position.
On Jan. 14, 2026, U.S. District Judge David Nuffer ruled that Ellison’s designation as acting U.S. attorney was invalid, according to court background and a statement Ellison issued the next day.
Importantly, the ruling did not throw out the cases brought by federal prosecutors while the challenge was pending.
Judge Nuffer declined to dismiss any of the challenged indictments and did not disqualify Ellison or other attorneys in the office from continuing to supervise or prosecute those cases, according to the same materials. The judge determined the title issues would not impact the cases.
In a statement dated Jan. 15, Ellison said the court also ruled he was validly designated as first assistant U.S. attorney and, in that capacity, could continue supervising the work of the U.S. Attorney’s Office for the District of New Mexico. “Even though my title has changed, my mission remains the same,” Ellison said, adding that he intends to continue focusing on public safety “for however long I serve.”
Impact on Criminal Cases in Cibola
Cibola County readers have recently seen news articles naming Ellison in connection with several high-profile criminal prosecutions.
Judge Nuffer’s ruling indicates cases are unlikely to be dismissed solely because of the acting-title issue.
Even so, legal observers have noted defendants in New Mexico and other states have raised similar appointment challenges, and additional motions could be filed in individual cases.
Ellison said his title has changed, but he intends to continue leading the office as first assistant U.S. attorney.
“Even though my title has changed, my mission remains the same,” Ellison said in his statement. “As the top federal prosecutor in New Mexico, I will work tirelessly to enhance public safety for all New Mexicans.”
Ellison’s Full Statement
First Assistant United States Attorney
Ryan Ellison’s full statement, released January 15:
“Yesterday, a federal district judge ruled that my designation as Acting United States Attorney was invalid. Importantly, the judge also ruled that I was validly designated as First Assistant United States Attorney and, in that capacity, could continue supervising the United States Attorney’s Office for the District of New Mexico. The judge also declined to dismiss any of the challenged indictments or disqualify me from supervising those cases.
Since I was appointed last April, I’ve repeatedly used the phrase “for however long I serve” because the duration of my time leading the United States Attorney’s Office has always been uncertain. Even though my title has changed, my mission remains the same. As the top federal prosecutor in New Mexico, I will work tirelessly to enhance public safety for all New Mexicans. I look forward to continuing to work with public servants of all political stripes for the betterment of our state—for however long I serve.”