Judge Orders Release of Murder Suspect from ICE Custody
A U.S. District Judge, Melissa DuBose, recently mandated the release of Bryan Rafael Gomez, who is illegally residing in the United States and wanted for murder in the Dominican Republic.
DuBose, appointed by former President Joe Biden, granted a writ of habeas corpus for Gomez, determining that his arrest and detention by Immigration and Customs Enforcement (ICE) were unlawful.
The court highlighted that ICE was holding Gomez “under a legal authority meant for migrants apprehended at the border,” which didn’t apply since he was taken into custody by local police “within the interior of the United States.”
Interestingly, Gomez’s extensive criminal record includes a homicide warrant issued on January 24, 2023, from Santo Domingo. After entering the U.S. unlawfully in 2022, he was arrested on April 4 in Massachusetts for assault and battery.
Following his release on a $500 bail for that local charge, ICE Boston detained him based on an immigration hold.
The Department of Homeland Security (DHS) later criticized the ruling, with a subsequent statement from the U.S. Attorney’s Office for the District of Rhode Island clarifying that Judge DuBose was apparently unaware of the murder warrant at the time of her decision.
“Bryan Rafael Gomez is a criminal illegal alien from the Dominican Republic with an international warrant for homicide,” said Acting Assistant Secretary Lauren Bis in a statement. “An activist judge appointed by Joe Biden released this wanted murderer back into American communities.
“This is yet another example of an activist judge trying to thwart President Trump’s mandate to remove criminal illegal aliens from our communities. Under President Trump and Secretary Mullin, DHS will continue to fight for the removal of criminal illegal aliens who have no right to be in our country.”
The judge has reportedly scheduled a show-cause hearing for Monday, asking attorneys to explain why Gomez’s criminal history, as detailed in the DHS release, was not presented to the court.
Interestingly, DuBose didn’t clarify whether the criticism was directed at Gomez’s legal team or the attorneys representing ICE and DHS.
“Failing to provide this Court with relevant and material facts threatens public safety and erodes trust in the rule of law. Based on new information available to this Court as described in the U.S. Department of Homeland Security’s April 30, 2026 press release, the Respondents are ordered to show cause why they should not be held in contempt for failure to notify the Court of facts relevant to Petitioner’s dangerousness and/or criminal history,” Dubose stated in her order issued Thursday night.
