Full Breakdown
Rhode Island Federal Judge Releases Immigrant Wanted for Homicide; DHS Criticizes, U.S. Attorney Apologizes
5/2/2026, 7:09:59 AM
Judge Releases Immigrant Amid Murder-Warrant Allegations
On Tuesday, U.S. District Court Judge Melissa DuBose granted a habeas corpus petition filed by attorney Melanie Shapiro, ordering the release of Bryan Rafael Gomez, a 27-year-old undocumented immigrant detained by ICE after an April 4 assault-and-battery arrest in Worcester, Massachusetts. The decision followed a DHS press release on April 16 accusing her of releasing a murder suspect wanted in Dominican Republic, and precedes a May 4 hearing on contempt for nondisclosure.
Background: Asylum Claim and Alleged Dominican Republic Warrant
Gomez entered United States in 2022, seeks asylum, says he fled after a gang shot his brother. DHS alleges an international homicide warrant ties him to a murder in the Dominican Republic, a claim not presented to court. He was released on $500 bail, and Rhode Island Chief Judge John J. “Jack” McConnell Jr. has reported six credible death threats against judges since 2022.
Official Statements from DHS and U.S. Attorney’s Office
DHS, via Acting Assistant Secretary Lauren Bis, called the release a failure to enforce immigration law and cited the alleged warrant. U.S. Attorney’s Office, through Assistant U.S. Attorney Kevin Bolan and First Assistant Attorney Charles Calenda, apologized for not informing the court, noting ICE barred disclosure. Court clerk Frank J. Perry called the DHS press release “misleading and demonstratively false.” Judge DuBose declined comment.
Conflicting Reports and Gaps
DHS asserts an international homicide warrant exists, yet court filings contain none. ICE reportedly prohibited disclosure but later publicized the warrant in a press release. DHS’s use of “activist judge” and other inflammatory language has been called a false narrative that could incite threats against the judiciary.
Criticism & Opposition
DHS’s label of DuBose as an “activist judge” and claim she thwarts Trump’s immigration mandate were called inflammatory and inappropriate by court officials.
Direct Quotes
- “An activist judge appointed by Joe Biden released this wanted murderer back into American communities.” — Lauren Bis, Acting Assistant Secretary, DHS
- “I sincerely apologize to Judge DuBose, personally, and to the entire Court for the consequences of this lack of disclosure.” — Kevin Bolan, Assistant U.S. Attorney
- “The DHS press release contains statements that are misleading and demonstratively false.” — Frank J. Perry, chief deputy clerk, U.S. District Court, Rhode Island
- “The suggestion that the Court was aware of such information, yet failed to act, is inaccurate and creates a false narrative.” — Frank Perry, chief deputy clerk
Next Steps
The May 4 hearing will decide if the government faces contempt for withholding the alleged warrant. Judge DuBose ordered a bond hearing within 30 days, and the case may proceed to a merits hearing on Gomez’s asylum claim and the homicide allegation.