Dominican migrant with deportation order, wanted for murder in home country freed by Biden-appointed judge

A judge appointed by former President Joe Biden has ordered the release of a Dominican Republic national who was in the United States illegally and had an Interpol Red Notice against him for a homicide case in his home country, as reported by the Department of Homeland Security (DHS).

On Tuesday, U.S. District Judge Melissa DuBose in Rhode Island ruled that Bryan Rafael Gomez be released from the custody of Immigration and Customs Enforcement (ICE).

Judge DuBose’s decision was based on what she described as “continuous unlawful detention.” ICE had maintained that Gomez should remain in custody due to the international arrest warrant for murder. However, the judge determined that the legal grounds ICE cited applied solely to migrants caught at the border, not to those like Gomez, who were apprehended within the United States by local law enforcement.

According to court documents obtained by Fox News, Judge DuBose concluded that Gomez was not subject to automatic detention under the specific statute ICE referenced, and she ruled that he was eligible for a bond hearing instead.

ICE agent and Bryan Rafael Gomez

Due to Judge DuBose’s ruling, DHS stated that ICE is currently unable to detain Gomez again.

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.

ICE-agents-garage

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.”

The Department of Homeland Security logo.

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.

<!–>

–>

You May Also Like

NY AG hopeful Komatireddy pulls within just 6 points of Dem incumbent Tish James after debate: poll

Komatireddy Cuts Tish James’ Lead to 6 Points in New York AG Race Poll

Democratic incumbent New York Attorney General Letitia James’ advantage over Republican challenger…
Nonverbal NYC special ed students left stranded on school bus for over 4 hours, officials say

Nonverbal NYC Special Ed Students Stranded on Bus for 4 Hours

An NYC school bus driver left six nonverbal special education students on…
Cindy Crawford and family break silence on Presley Gerber's death: "We love you forever"

Cindy Crawford’s Family Mourns Son Presley Gerber: We Love You Forever

Cindy Crawford, Rande Gerber and their daughter Kaia have spoken publicly for…
Where's Macron? French leader blasted for attending concert as riots escalated

Where Is Macron? French President Criticized Over Concert During Riots

French President Emmanuel Macron is under fire for attending a Celine Dion…
Macklemore’s ‘Free Palestine’ tour funds group that defended Hamas' Oct. 7 hostage-taking in Israel

Macklemore’s ‘Free Palestine’ Tour Proceeds Support Group That Defended Hamas’ Oct. 7 Hostage-Taking

Macklemore’s upcoming UK tour is set to benefit an organization whose British…
Obama backs Ilhan Omar amid probe, accuses Trump admin of 'appalling' targeting in statement

Obama Backs Ilhan Omar Amid Probe, Slams ‘Appalling’ Targeting

Former President Barack Obama accused the Trump administration of using the federal…
UC Santa Barbara professor claims college shortchanged her $3M, promoted male colleague: suit

UC Santa Barbara Professor Sues, Claims College Denied Her $3M and Promoted Male Colleague

A female UC Santa Barbara professor was allegedly shortchanged by nearly $3…
Driver released without charges after pickup kills boy, 6, and man on Kansas soccer field

No Charges Filed After Pickup Kills Boy, Man on Kansas Soccer Field

A Saturday youth soccer match in Wichita, Kansas, turned deadly when a…
Man accused of killing two teens claimed he was carjacked — his own dashcam footage shows otherwise: cops

Accused Teen Driver’s Dashcam May Prove Murder of Two Girls

An accused New Jersey killer’s own dashcam footage could help prosecutors argue…
Internet freaks out as Kristi Noem poses with new hunting dog: 'Please don’t kill him'

Kristi Noem’s New Hunting Dog Sparks Pleas: ‘Don’t Kill Him’

Former Homeland Security Secretary Kristi Noem is facing online mockery after sharing…
Canadian PM Carney says 4 service members killed, dozens injured in military base fire

Canadian PM Carney Says 4 Service Members Killed in Base Fire

Canadian Prime Minister Mark Carney said Sunday that four service members had…
Priest killed by falling crucifix during livestreamed Mass as worshippers rush to help

Priest Killed by Falling Crucifix During Livestreamed Mass

A Communion service in Ecuador turned tragic when a large crucifix fell…