Full Breakdown
Judge DuBose Accuses DHS of Withholding Murder Warrant and Publishing False Press Release
5/5/2026, 4:57:20 AM
Core Event
U.S. District Judge Melissa R. DuBose (District of Rhode Island) held a show-cause hearing on May 4, 2026, after the Department of Homeland Security (DHS) issued a press release that accused her of releasing “a violent criminal illegal alien” while the Justice Department (DOJ) failed to disclose an active Dominican Republic homicide warrant for the ICE detainee Bryan Rafael Gomez. The judge said the government’s actions constituted a “massive breach of this Court’s trust” and signaled possible contempt sanctions against DHS and DOJ officials.
Background & Context
The dispute arises amid the Trump administration’s aggressive immigration enforcement agenda, which has generated repeated friction between DHS and DOJ when judges intervene in ICE detention cases. ICE had held Gomez since his April 4, 2022 arrest in Worcester, Massachusetts, for assault and battery. An arrest warrant for homicide was issued by a Dominican court on January 24, 2023. The warrant’s existence was not disclosed to the court when Judge DuBose ordered Gomez’s release on April 28, 2026, pending a bond hearing.
Key Figures & Groups
- Judge Melissa R. DuBose – Biden-appointed federal judge.
- Kevin M. Bolan – Assistant U.S. Attorney, District of Rhode Island, civil division lead.
- Lauren Bis – Acting Assistant Secretary, DHS.
- Brian E. Sullivan – Acting assistant field office director, ICE, Burlington, MA.
- Melanie Shapiro – Attorney for Gomez.
- Frank J. Perry – Chief deputy clerk, Federal District Court, Rhode Island.
Timeline
- April 4, 2022 – Gomez arrested by Worcester police (assault & battery).
- January 24, 2023 – Dominican Republic issues homicide warrant.
- April 16, 2026 – DHS releases a press statement (later undisclosed to the court).
- April 24, 2026 – ICE instructs DOJ not to disclose the warrant.
- April 28, 2026 – Judge DuBose grants habeas petition, releasing Gomez.
- April 30, 2026 – DHS posts a second press release attacking the judge.
- May 4, 2026 – Show-cause hearing; judge considers contempt.
Data & Statistics
- Gomez entered the United States illegally in 2022.
- The Dominican warrant dates to 2023 and alleges homicide.
- ICE held Gomez for approximately one month before his release.
Why It Matters
The case highlights the tension between judicial oversight and executive immigration enforcement. Failure to disclose material criminal information may jeopardize public safety and erode confidence in the rule of law. Potential contempt findings could set precedent for agency compliance with court orders.
Official Statements & Responses
- DHS defended its April 30 release, labeling the judge an “activist” and asserting that Gomez was a “wanted murderer.”
- Kevin Bolan issued a written apology, stating he was instructed by ICE not to disclose the warrant and expressed embarrassment over the error.
- Judge DuBose warned that the false press release “puts people at risk” and described the incident as a “serious breakdown in the ethical codes.”
- Frank J. Perry characterized the DHS release as “inflammatory” and a threat to judicial security.
Criticism & Opposition
Melanie Shapiro called the government’s justification for withholding the warrant “outrageous” and a “real disservice to the judicial process.” Judge DuBose emphasized that the press release created a “false narrative” that endangered court personnel and the public.
Conflicting Reports & Gaps
The New York Times could not independently verify the Dominican homicide warrant. DHS cited an April 16 press release about the warrant, yet Bolan first learned of it on April 30. Additionally, the judge noted that the administration had previously disclosed the warrant in a separate release, contradicting DHS’s claim of confidentiality.
Verbatim Quotes
- “there was a serious breakdown in the ethical codes here.” — Judge Melissa R. DuBose
- “very sorry and terribly embarrassed.” — Kevin M. Bolan, Assistant U.S. Attorney
- “An activist judge appointed by Joe Biden released this wanted murderer back into American communities,” — Lauren Bis, Acting Assistant Secretary, DHS
- “It puts people at risk. It’s a threat to judicial security.” — Frank J. Perry, chief deputy clerk
- “I think that it’s [a] real disservice to the judicial process and the public’s trust of integrity of the court,” — Melanie Shapiro, attorney for Gomez
What’s Next
Judge DuBose scheduled a show-cause hearing for May 6, 2026, to determine whether DHS and DOJ officials will be held in contempt and whether Gomez should be re-detained pending the immigration bond hearing. The proceedings will be livestreamed on the court’s YouTube channel.
