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A judge, appointed by former President Joe Biden, has ordered the release of a Dominican Republic national who was facing deportation and was the subject of an Interpol Red Notice for a homicide case in his home country, according to the Department of Homeland Security.
U.S. District Judge Melissa DuBose, presiding in Rhode Island, directed that Bryan Rafael Gomez be released from Immigration and Customs Enforcement (ICE) custody earlier this week.
Judge DuBose’s decision cited “continuous unlawful detention” as the reason for Gomez’s release, despite ICE’s assertion that Gomez should remain detained due to an international arrest warrant for murder.
The judge ruled that ICE had detained Gomez under legal provisions meant for migrants apprehended at the border. DuBose concluded that this statute was misapplied in Gomez’s case, as he was arrested by local authorities within U.S. borders, not at the border itself. According to a court document examined by Fox News, the judge determined that Gomez was not subject to mandatory detention under this statute and should instead be granted a bond hearing.
The decision to release Gomez from ICE custody has captured attention and drawn scrutiny, highlighting the complexities and challenges within immigration enforcement and legal proceedings.
ICE cannot rearrest him due to DuBose’s order, DHS said.
Gomez was arrested on April 4 for assault and battery in Worcester, Massachusetts. A detainer was then honored, and ICE Boston arrested him after he was released on $500 bail, according to DHS.
He had been held in Rhode Island, where he was issued a deportation order on Tuesday by an immigration judge.
The judge ordered that Bryan Rafael Gomez be released from ICE custody due to “continuous unlawful detention.” (Christopher Dilts/Bloomberg via Getty Images)
“Bryan Rafael Gomez is a criminal illegal alien from the Dominican Republic with an international warrant for homicide,” DHS Acting Assistant Secretary of Public Affairs Lauren Bis said 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 from the American people to remove criminal illegal aliens from our communities,” she continued. “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.”
DHS said Bryan Rafael Gomez entered the U.S. illegally in 2022, when he was caught and released by Border Patrol. (Andrew Harrer/Bloomberg via Getty Images)
Gomez entered the U.S. illegally in 2022, when he was caught and released by Border Patrol near Lukeville, Arizona, according to DHS.
On January 24, 2023, the Coordination of the Courts of Instruction of the National District of Santo Domingo, Dominican Republic, issued a criminal arrest warrant for Bryan Rafael Gomez for homicide. ICE has separately described Gomez as the subject of an Interpol Red Notice.
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