On Monday, May 4, 2026, The New York Times reported that Federal Judge Melissa R. DuBose criticized the Department of Homeland Security (DHS) for what she described as “erroneous and dangerous” statements and a “serious breakdown in the ethical codes.” The criticism arose after the DHS publicly attacked Judge DuBose for siding with Bryan Rafael Gomez, a man the department labeled a “violent criminal illegal alien.”
Judge DuBose, appointed by President Joseph R. Biden Jr., had ordered Gomez’s release on April 28 after he challenged the legality of his detention. Unbeknownst to Judge DuBose, Gomez was wanted for murder in the Dominican Republic, a fact that Trump administration officials did not disclose to her. Two days after Gomez’s release, the DHS issued a news release attacking Judge DuBose based on this withheld information.
During a hearing, Judge DuBose stated that the government’s decision to withhold information constituted a serious breach of ethical standards and indicated she would consider sanctions against the Homeland Security Department for misconduct. She emphasized that “there was a decision made not to be truthful to the court.”
Kevin M. Bolan, who leads the civil division of the U.S. Attorney’s Office for the District of Rhode Island, offered profuse apologies to the judge. Bolan explained in a filing that Immigration and Customs Enforcement had instructed him not to inform the court about the pending overseas charge, citing “a legitimate law enforcement reason” for preventing disclosure. He admitted that he still did not know whether the information could have been released under seal and regretted not seeking more time from the court.
Judge DuBose stated, “There certainly was a massive breach of this court’s trust in this case.”
Melanie Shapiro, Gomez’s lawyer, did not immediately respond to requests for comment. During the hearing, she noted that Mr. Gomez was back at his home in Massachusetts, and Judge DuBose scheduled a hearing to consider whether he should be detained again.
Homeland Security’s office of public affairs responded to a request for comment by resending the initial post attacking Judge DuBose. D.H.S. Acting Assistant Secretary Lauren Bis stated, “An activist judge appointed by Joe Biden released this wanted murderer back into American communities.”
Frank J. Perry, the chief deputy clerk of the Federal District Court for the District of Rhode Island, described the news release about “alleged criminal charges in the Dominican Republic” as “inflammatory” and said it “risks inciting threats against members of the judiciary.”
Source: The New York Times
