A federal judge appointed by former President Joe Biden has ordered the release of a violent illegal immigrant wanted for murder in the Dominican Republic, and just days after being arrested for assault and battery in Worcester.
This hits as legislation advances on Beacon Hill that would limit federal immigration enforcement in Massachusetts.
The Department of Homeland Security (DHS) says Bryan Rafael Gomez was arrested by Worcester Police on April 4 on assault and battery charges, where ICE arrested him after he posted $500 bail.
In ICE custody for most of this month, court documents show that U.S. District Court Judge Melissa Dubose, who was appointed to the District of Rhode Island by Biden during the final days of his administration, ordered the release of Gomez on Thursday pending a bond hearing before an immigration judge.
“Bryan Rafael Gomez is a criminal illegal alien from the Dominican Republic with an international warrant for homicide. An activist judge appointed by Joe Biden released this wanted murderer back into American communities,” Acting DHS Assistant Secretary Lauren Bis said in a statement.
“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. 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,” she said.
Dubose granted Gomez’s writ of habeas corpus in a Tuesday hearing, ordering his immediate release and arguing that his arrest and continued detention are illegal.
“The Court ORDERS the Government to release Petitioner TODAY (April 28, 2026). Petitioner is entitled to a bond hearing, which shall be held no sooner than 30 days from the date of this Order, April 28, 2026. The Government shall set minimal release conditions that will reasonably assure his appearance at the bond hearing,” Dubose’s order reads. “The Court MODIFIES its Order, ECF No.3 , only to permit Petitioner’s transfer to the Boston ICE Field Office, located in Burlington, Massachusetts. All Petitioner’s property is to be RETURNED.”
But it appears Dubose issued another order late Thursday night following a DHS press release describing Gomez’s violent criminal background and his arrest warrant for murder issued by Dominican authorities. Dubose has ordered a show-cause hearing, set for Monday at 3 p.m., for attorneys to explain why the court was not provided with this information, threatening to hold them in contempt of court. Dubose did not specify whether this criticism was directed at Gomez and his attorneys or attorneys representing ICE and DHS.
“Failing to provide this Court with relevant and material facts threatens public safety and erodes trust in the rule of law. Based on new information available to this Court as described in the U.S. Department of Homeland Security’s (DHS) April 30, 2026 press release, the Respondents are ordered to show cause why they should not be held in contempt for failure to notify the Court of facts relevant to Petitioner’s dangerousness and/or criminal history,” Dubose said in her order, issued at 10:49 pm Thursday night. .
DHS says Gomez entered the U.S. illegally in 2022 and was encountered by U.S. Border Patrol near Lukeville, Arizona. He was later released by the Biden administration. Then, 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.
This, as Massachusetts lawmakers have advanced legislation on Beacon Hill that would restrict ICE operations in Massachusetts by prohibiting agents from making arrests inside courthouses and other state-owned property, and creates the opportunity for the state to prosecute federal agents, among other measures.
Meanwhile, Gov. Maura Healey and Attorney General Andrea Campbell have publicly expressed their support for prosecuting federal agents who carry out immigration enforcement operations in Massachusetts.
Dubose was nominated by Biden on January 10, 2024, with the U.S. Senate confirming her nomination in March of that year. During her nomination hearings, U.S. Senator John Kennedy (R-LA) questioned Dubose about a news article from 2000 in which she is quoted as saying “I was in my Marxist phase.” Dubose was sworn in on January 3, 2025.
DuBose is the first person of color and first openly LGBTQ judge to serve on the U.S. District Court in Rhode Island.
U.S. District Court Judge for the District of Rhode Island Melissa Dubose. (U.S. District Court for the District of Rhode Island)
