RI federal judge orders investigation after ICE failed to disclose man’s murder warrant

The Rhode Island federal judge who released a man without being told by federal authorities he was wanted for a homicide in his native Dominican Republic said Tuesday the Trump administration’s “lack of candor” warrants a disciplinary inquiry.

That’s why U.S. District Court Judge Melissa DuBose is referring the matter to the full court for review by a magistrate judge or special master.

DuBose announced her disciplinary decision against U.S. Immigration and Customs Enforcement (ICE) during an afternoon virtual hearing where she also ordered 27-year-old Bryan Rafael Gomez to be detained again pending a bond hearing before an immigration judge within the next seven days.

“Again, it’s the candor, the lack of candor to this court that has to be addressed and has to be fully investigated so we don’t have anything like this happen again,” DuBose, a Biden appointee, said.

On April 28, DuBose ordered Gomez immediately released from immigration detention — not knowing about the January 2023 arrest warrant from the Dominican Republic. 

Court filings show ICE instructed the Rhode Island’s U.S. Attorney’s Office on April 24 not to confirm or deny the warrant’s existence because its status was unconfirmed at the time of Gomez’s petition to be released from the Donald W. Wyatt Detention Facility in Central Falls.

ICE received confirmation that the warrant was active on April 30, two days after DuBose granted the writ of habeas corpus.

DuBose’s order to release Gomez from federal custody drew sharp criticism from the U.S. Department of Homeland Security, which oversees ICE. In an April 30 press release, the agency called her an “activist judge” and slammed her for releasing “a violent criminal illegal alien who is wanted for murder in the Dominican Republic.”

That statement remained online as of Tuesday afternoon’s hearing, even after DuBose on Monday said its continued presence sets a false narrative that “puts people at risk.” Bolan told DuBose he and other lawyers at Rhode Island’s U.S. Attorney’s Office requested ICE take down the post.

A spokesperson for the Department of Homeland Security did not respond to multiple requests for comment on why the erroneous statement was still posted and not deleted following the U.S. Attorney’s office initial apology Friday morning.

With the warrant now in the court record, Bolan on Monday moved DuBose to reconsider her release order and apprehend Gomez again, writing that the arrest warrant “strongly suggests” Gomez posed a risk to public safety. But speaking before the court Tuesday, Bolan said “the only reason” for the request was to secure Gomez’s presence for the bond hearing.

Court filings show Gomez was scheduled for a bond hearing in Burlington, Massachusetts, on June 2. 

Gomez’s attorney, Melanie Shapiro, sought to block his re-detention, arguing in a court filing that an outstanding warrant does not preclude eligibility for habeas relief. She also questioned the validity of the arrest warrant from the Dominican Republic, which Bolan submitted uncertified translations of before the hearing.

“I obviously object to this not being a certified translation,” Shapiro said during Tuesday’s hearing.

The unofficial translation is not part of the court’s record at this time, Chief Deputy Clerk Frank Perry said in an email to Rhode Island Current.

Rhode Island Current’s own translation found the Spanish-language warrant alleges a man with the name spelled as “Brayan” Rafeal Gomez and another man named David conspired to shoot two men following an argument on March 21, 2021, in Santo Domingo. The warrant only claims the shots were fired by the man identified as David.

One of the victims died and another was treated in a hospital, the warrant notes.

The warrant does not list a formal murder charge, instead citing offenses Shapiro said other courts have translated as voluntary manslaughter. 

“If this document were to be taken as containing an accurate translation, then again, the press to release information would be inaccurate,” Shapiro said.

Bolan argued the final language in the document did not change the need to re-detain Gomez. 

“Whether it’s homicide or not, it is very clear manslaughter is a wrongful death criminal action,” he said. “We have no information that this is illegitimate, all we have here is speculation.

DuBose said she appreciated Shapiro’s advocacy on behalf of her client, but that it’s not her duty to determine the merits of a foreign arrest warrant. Those arguments should be made before the immigration court, DuBose added.

“What’s before this court is a habeas petition and request for a bond hearing pending further deportation proceedings,” DuBose said. 

Shapiro called DuBose’s order to re-detain her client “a real affront to due process,” arguing that media coverage and what she described as a false narrative from the Trump administration had undermined Gomez’s ability to receive a fair hearing.

“There’s no way a judge wouldn’t be aware of this situation,” she said in a phone interview with Rhode Island Current after the hearing.