Federal Judge Invalidates Appointment of Acting U.S. Attorney for New Mexico Ryan Ellison, Sparking Questions on Federal Prosecutions

Alamogordo, New Mexico — January 15, 2026 — A federal judge has ruled that the appointment of Ryan Ellison as Acting United States Attorney for the District of New Mexico is invalid due to the lack of U.S. Senate confirmation, dealing a significant blow to the Trump administration’s handling of key prosecutorial positions. The decision, issued on January 14, 2026, stems from challenges by defendants in ongoing federal cases who sought to disqualify Ellison and dismiss their charges.

Ellison, an Alamogordo native and longtime federal prosecutor, was appointed to the role in April 2025 by U.S. Attorney General Pamela Bondi following the resignation of his predecessor. His initial 120-day interim term expired in August 2025, after which the Department of Justice (DOJ) redesignated him as “acting” U.S. Attorney for an additional 210 days, bypassing Senate confirmation and drawing criticism from New Mexico’s Democratic senators and federal judges. A panel of New Mexico federal judges declined to approve the extension or appoint an alternative, leaving Ellison in the position amid growing legal scrutiny.

His initial 120-day interim term expired in August 2025, after which the Department of Justice (DOJ) redesignated him as “acting” U.S. Attorney for an additional 210 days, bypassing Senate confirmation and drawing criticism from New Mexico’s Democratic senators and federal judges. A panel of New Mexico federal judges declined to approve the extension or appoint an alternative, leaving Ellison in the position amid growing legal scrutiny.

The ruling came in response to motions filed by defendants, including in a case represented by assistant federal public defender Buck Glanz, who argued that Ellison’s continued service violated the Federal Vacancies Reform Act and the U.S. Constitution’s Appointments Clause. U.S. District Court Judge David Nuffer agreed, stating that Ellison has not validly served as U.S. Attorney since August 2025. However, the judge stopped short of dismissing the defendants’ charges, allowing cases to proceed under other authorized prosecutors in the office.

This development mirrors similar rulings in other states where Trump-appointed acting U.S. Attorneys have been deemed invalid for lacking Senate confirmation. Courts in California, Nevada, New Jersey, Virginia, and New York have issued comparable decisions, disqualifying prosecutors from specific cases and prompting administrative reshuffles. In Nevada, for instance, a federal judge ruled in August 2025 that Acting U.S. Attorney Alina Habba’s appointment was unlawful, barring her from ongoing proceedings.

What Happens Next?

Legal experts anticipate the DOJ may appeal the ruling to the U.S. Court of Appeals for the Tenth Circuit, potentially prolonging uncertainty in the office. In the interim, the First Assistant U.S. Attorney or another senior official is expected to assume leadership responsibilities, ensuring continuity in federal prosecutions across New Mexico. Commentators, including former federal prosecutor Paul Baker, suggest the Trump administration should nominate a new candidate for Senate confirmation to resolve the vacancy permanently. If no action is taken, the federal judges could revisit their earlier decision and appoint a temporary U.S. Attorney under statutory authority.

The disqualification could impact hundreds of active federal cases in the district, ranging from drug trafficking and violent crimes to immigration enforcement and public corruption. Defendants in affected cases may file additional motions challenging indictments or plea deals signed under Ellison’s tenure, though dismissals remain unlikely based on the judge’s stance.

Ties to Alamogordo

Ellison’s roots run deep in Alamogordo, where he was born and raised before embarking on a distinguished career in federal law enforcement. A graduate of local schools, he began his prosecutorial journey in the District of New Mexico, focusing on gang violence and earning accolades for dismantling criminal networks in the southern part of the state. Under his leadership, the U.S. Attorney’s Office ramped up immigration prosecutions, including novel charges against migrants for trespassing in national defense area. The office also collaborated with military personnel, assigning Department of Defense lawyers to assist in border-related cases in Las Cruces, which serves southern New Mexico including Otero County.

Local reactions in Alamogordo have been mixed, with supporters praising Ellison’s tough-on-crime approach and contributions to community safety, while critics question the political motivations behind his extended appointment. As an Alamogordo native, Ellison’s disqualification carries particular resonance here, potentially affecting federal oversight of regional issues like public lands disputes, military contracts, and cross-border security.

The DOJ has not yet commented on the ruling or next steps. For updates, monitor official statements from the U.S. Attorney’s Office for the District of New Mexico or court filings in Albuquerque. This story will be updated as more information becomes available.

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