by MIKE CERULLO, NBC 10 NEWS Mon, May 4, 2026 at 7:23 AMUpdated Mon, May 4, 2026 at 7:51 PMPROVIDENCE, R.I. (WJAR) — A Rhode Island judge is weighing whether the federal government should be held in contempt for failing to disclose that a man who was in ICE custody was wanted for murder in the Dominican Republic before she ordered his release.Judge Melissa DuBose questioned Assistant U.S. Attorney Kevin Bolan during a virtual hearing Monday afternoon. Bolan was apologetic and told DuBose he wished he handled the situation differently.A Rhode Island judge is looking into whether ICE can be held accountable after the Department of Homeland Security stirred a firestorm when they called her out over the release of a man in ICE custody."The United States regrets that it did not disclose in its April 27, 2026, response to the Petitioner’s habeas petition information that it has since received authorization to disclose—namely, the active arrest warrant for the Petitioner on acharge for homicide issued by a court within the Dominican Republic," Bolan wrote in a new court filing. "At the very least, the United States should have sought an extension from this Court to file the Respondents’ habeas response to ensure that it had authorization to disclose to the Court the Dominican Republic arrest warrant for the Petitioner."The international arrest warrant was referenced publicly by DHS on April 16. However, Bolan said ICE had told him not to disclose the warrant to the court until they received authorization from international authorities, which did not occur until several days after Gomez was released.The Department of Homeland Security sparked anger towards DuBose Thursday when the agency published a press release referring to DuBose as an "Activist Biden Judge" and suggesting she ordered the release of Bryan Rafael Gomez with knowledge of the murder warrant. The press release still remained accessible on the Homeland Security as of Monday evening.Gomez's immigration attorney, Melanie Shapiro, said she was also unaware of warrant until after Gomez was released from ICE custody."I was completely shocked by the information about the warrant and deeply disturbed by the extremely inflammatory rhetoric against Judge DuBose," Shapiro wrote in a new court filing. "If I knew about an outstanding warrant from the Dominican Republic for murder, I would never have filed the petition for habeas corpus, and had I become aware of it while the petition was still pending, it would have led me to withdraw the petition."The government is requesting DuBose reconsider Gomez's conditional release, now with all of the information. Another hearing is scheduled in the case on Tuesday at noon.