A judge appointed by former President Joe Biden has ordered the release of a suspected illegal immigrant from the Dominican Republic, despite his previous deportation order and an Interpol Red Notice connected to a murder in his native country, as confirmed by the Department of Homeland Security (DHS).
The U.S. District Judge Melissa DuBose in Rhode Island made the decision on Tuesday, stating Gomez faced “continued illegal detention.” However, Immigration and Customs Enforcement (ICE) contended that Gomez should have been subjected to mandatory detention due to the murder warrant. The judge pointed out that while ICE detains some immigrants under specific laws, Gomez’s case didn’t apply because he was arrested by local police in the U.S. DuBose concluded that Gomez is entitled to a bail hearing instead of mandatory detention.
The DHS noted that ICE cannot rearrest Gomez based on the judge’s ruling.
Gomez was initially taken into custody on April 4 in Worcester, Massachusetts, for assault and battery charges. After being released on a $500 bail, he was subsequently detained by ICE Boston. Following his arrest, an immigration judge ordered his deportation on the same Tuesday.
DHS’s Acting Assistant Secretary for Public Affairs, Lauren Biss, called Gomez a “criminal illegal alien” with an active international warrant for murder. She criticized the ruling, saying it reflects an “activist judge,” claiming it’s an attempt to prevent law enforcement from removing illegal immigrants with criminal records.
Gomez reportedly entered the U.S. illegally in 2022, was apprehended by Border Patrol near Lukeville, Arizona, and released shortly after. A criminal arrest warrant for him was issued by authorities in the Dominican Republic in January 2023, on suspicions of murder, and he is also recognized under an Interpol Red Notice.
