A federal prosecutor failed to disclose that an illegal immigrant was wanted for murder in his home country before a judge ordered his release — and was later criticized for that decision.
The Department of Homeland Security (DHS) had publicly blasted U.S. District Court Judge Melissa R. DuBose after she ordered the release of Dominican national Bryan Rafael Gomez, calling it “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.”
But a new court filing reveals the Justice Department failed to inform DuBose that Gomez had an outstanding murder warrant in the Dominican Republic before she made her decision, and an apology was issued to the judge.
In a Friday court filing, Assistant United States Attorney Kevin Bolan said he “had been informed by ICE” about the warrant and believed he “could not disclose that information.”
He said he “was not aware that ICE had previously disclosed that same information” in an April 16, 2026, press release.
“In failing to disclose the information regarding Petitioner’s criminal history, I relied on ICE’s representation that I was not permitted to disclose that information and understood that a legitimate law enforcement reason prevented disclosure,” Bolan wrote in the filing.
“Judge DuBose, therefore, lacked that information about the Petitioner’s criminal background when she granted the petition. I sincerely apologize to Judge DuBose, personally, and to the entire Court for the consequences of this lack of disclosure,” Bolan added.
During a Monday hearing, the Biden-appointed judge said she’s considering holding federal officials in contempt of court, according to Politico.
She also took aim at the Trump administration over a press release titled, “Activist Biden Judge Releases Violent Criminal Illegal Alien Wanted for Murder.”
“The April 30th, completely erroneous and dangerous press release is still on their website,” DuBose said, adding, “It puts people at risk. It’s a threat to judicial security.”
“I’m not trying to make this political,” she said. “It’s also very important that the public has the facts. As long as this particular post is out there, it’s setting up a false narrative.”
Gomez crossed the border illegally near Lukeville, Arizona, in 2022 and was subsequently released into the country, according to DHS.
The Coordination of the Courts of Instruction of the National District of Santo Domingo, Dominican Republic, issued a warrant for his arrest on Jan. 24, 2023, according to DHS.
The Worcester Police Department arrested Gomez on April 4, 2026, for assault and battery, according to DHS. Local authorities handed Gomez over to ICE after he was released on $500 bail.
Gomez later filed what is known as a habeas petition, which is a legal challenge to detention, that DuBose granted on “minimal release conditions,” according to Fox News.
Since President Donald Trump’s return to the White House, ICE detainees have filed more than 18,000 habeas petitions, exceeding the number of detention challenges filed over the last three administrations combined, ProPublica reported in February.
The habeas petitions move detainees’ cases out of the immigration court system and into federal district courts, where judges are seen as more favorable to illegal immigrants, experts previously told The Daily Wire.
Habeas petitions are often filed after it becomes clear that a detainee either has no chance of getting bond from immigration judges or has already been denied bond.
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