A suspected immigrant wanted for murder in the Dominican Republic was freed on just $500 bail by a federal judge appointed by former President Joe Biden in his final days in office. Bryan Rafael Gomez, 27, walked free from ICE custody in Rhode Island on Tuesday after US District Court Judge Melissa DuBose ordered his release, just weeks after his arrest on assault and battery charges.
Judge's Decision Criticized
DuBose, appointed by Biden in January 2024, demanded Gomez be released over what she called 'continuous unlawful detention.' His $500 bail sparked a pointed statement from Acting DHS Assistant Secretary Lauren Bis, who described DuBose as an 'activist judge' prioritizing violent criminals.
'Bryan Rafael Gomez is a criminal illegal alien from the Dominican Republic with an international warrant for homicide,' Bis wrote. '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 from the American people to remove criminal illegal aliens from our communities.'
Lack of Disclosure
DuBose revealed she was never informed that Gomez was a wanted international fugitive, despite the information being known within federal agencies. 'Failing to provide this court with relevant and material facts threatens public safety and erodes trust in the rule of law,' the judge wrote in a statement issued Thursday night.
After his April 4 arrest in Worcester, Massachusetts, Gomez was taken into ICE custody and held for several weeks at the Donald W. Wyatt Detention Facility in Central Falls. DuBose found that he was being held under legal authority meant for migrants apprehended at the border, despite being arrested by local police within the United States.
Background of the Suspect
Court filings used in DuBose’s decision stated that Gomez entered the country after fleeing the Dominican Republic 'fearing that he would be killed' following his brother’s shooting in 2022, according to the Rhode Island Current. By 2025, he had married a US citizen and was scheduled to appear before an immigration judge on April 16 for an asylum hearing - days after his arrest. DuBose ultimately ruled that Gomez be released pending a bond hearing before an immigration judge.
The fact that Gomez was wanted overseas was not included in any of the court filings referenced by the judge, and was instead mentioned only briefly in a press release issued by the agency on April 16. In small font alongside a photo of Gomez, it reads: 'Authorities in the Dominican Republic issued an arrest warrant for him Jan. 24, 2023, for homicide.'
DHS Response
The Department of Homeland Security (DHS) made Gomez’s status as the subject of an Interpol Red Notice more widely known following his release, after Acting Assistant Secretary Bis issued a statement condemning the Biden-era judge. '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,' she wrote.
DuBose responded late Thursday night with a second order, setting a Monday show-cause hearing and requiring attorneys to explain why the court was not informed, while warning they could face contempt of court. 'The Government’s response failed to include any facts relative to this petitioner, including facts relevant to an assessment of dangerousness, criminal history or risk of flight,' she wrote.
Prosecutor Apologizes
On Friday, Assistant US Attorney Kevin Bolan admitted that DuBose was not told Gomez was a wanted man, revealing that ICE instructed him not to share that information, according to court filings obtained by The Current. 'I sincerely apologize to Judge DuBose, personally, and to the entire Court for the consequences of this lack of disclosure,' Bolan wrote.
First Assistant US Attorney for the District of Rhode Island Charles Calenda pushed back on media coverage of the dispute, reiterating that the judge was not aware of information left out of court filings. 'Those media accounts erroneously state that Judge DuBose made the decision to release him with knowledge that authorities in the Dominican Republic had issued an arrest warrant in connection with a homicide in that country,' Calenda said. 'As our recent filing in this matter makes clear, Judge DuBose did not have knowledge at the time of her ruling that Gomez was wanted by authorities in the Dominican Republic.'
Broader Context
This comes as Massachusetts works to advance legislation restricting ICE operations, including bans on courthouse arrests and provisions allowing the state to prosecute federal agents. During DuBose’s nomination hearings, she was questioned by US Senator John Kennedy, who cited a 2000 news article in which she was quoted as saying, 'I was in my Marxist phase,' according to the Boston Herald. DuBose, the first person of color and first openly LGBTQ judge on the US District Court in Rhode Island, was sworn in on January 3, 2025.
The Daily Mail has reached out to DuBose and Gomez's lawyer, Melanie Shapiro, for comment.
