by MIKE CERULLO, NBC 10 NEWSThu, April 30, 2026 at 7:57 PMUpdated Fri, May 1, 2026 at 7:00 PMThe Department of Homeland Security said Bryan Rafael Gomez was in the country illegally. (ICE)CRANSTON, R.I. (WJAR) — A federal prosecutor apologized to a Rhode Island judge, saying she wasn’t given all the necessary information before she released a man from ICE custody.The Department of Homeland Security had put her on blast because the man was wanted for murder.But Judge Melissa DuBose was never told about that.NBC 10's Mike Cerullo reports that a federal prosecutor apologized to a Rhode Island judge, saying she wasn’t given all the necessary information before she released a man from ICE custody.New court filings on Friday reveal the government never told DuBose about the man's international murder warrant.According to the filings, ICE had requested that it not be disclosed, even though the agency had posted publicly on social media about the warrant two weeks ago.DuBose ordered the release of Bryan Rafael Gomez with conditions.The Department of Homeland Security said he had entered the United States illegally and is wanted for homicide in the Dominican Republic.Gomez was arrested in Worcester earlier this month for assault, then released on bail.ICE then detained him in Rhode Island, reportedly under a law meant for people detained at the border.DuBose ruled that law did not apply to Gomez.MORE NEWS: Fall River man accused of assaulting Canton school bus driver held without bailThursday night, DHS publicly called DuBose an activist judge."I think we've got to look back at how this entire situation developed, which at the first juncture was DHS trying to hold this individual under a statute that they clearly weren't entitled to hold him under, and once the judge looked at that and determined that you can't hold this man under this statute, she made a decision that he was being held unconstitutionally and released him," NBC 10 legal analyst Austin Dana said.A spokesperson for federal court in Rhode Island on Friday shared a statement that said in part, "The suggestion that the Court was aware of such information, yet failed to act, is inaccurate and creates a false narrative.""I sincerely apologize to Judge DuBose, personally, and to the entire Court for the consequences of this lack of disclosure," Assistant United States Attorney Kevin Bolan said in a court filing.The names of Acting Attorney General Todd Blanche and First Assistant U.S. Attorney District of Rhode Island Charles Calenda also appeared on the filing.DuBose is now calling the government into court on Monday to explain why it should not be held in contempt for failing to give her all of the information. Clarifies apology in court filing.