ICE told its attorney not to inform R.I. federal court about a man’s murder warrant. A judge wants answers. - The Boston Globe

bostonglobe.com · 2026-05-04T22:49:08.699Z

“We operate here under the color of good faith, and we’ve had a wonderful, functioning, working relationship with your office until this time,” DuBose told Bolan. “It’s going to take a while to rebuild that trust. I believe that we can, but there certainly was a massive breach of this Court’s trust in this case.”Get Rhode MapA weekday briefing from veteran Rhode Island reporters, focused on the things that matter most in the Ocean State.Enter EmailDuBose’s order last week was met with a press release on April 30 from the US Department of Homeland Security, which oversees ICE operations, calling her an “activist judge” and criticizing her for releasing “a violent criminal illegal alien who is wanted for murder in the Dominican Republic.”DuBose said on Monday the “inflammatory post” accused the court of “releasing a dangerous individual into our community, knowing that he was wanted for murder,” a suggestion she said is “patently false.” The US Attorney’s Office also confirmed last week DuBose did not know about the warrant when she issued the order to release Gómez.ICE told Bolan on April 24 “not to confirm or deny the existence’” of a 2023 arrest warrant against Gómez “because ICE had not yet been given ‘use authorization for it’ from authorities in the Dominican Republic,” Brian E. Sullivan, acting assistant field office director for ICE in Burlington, Mass., wrote in a court filing on Monday.According to Sullivan, ICE did, however, receive confirmation on April 30 that the warrant was active and that ICE was authorized to disclose the warrant in court proceedings. The notice came two days after DuBose issued her order, and the same day DHS issued its press release.DHS also included details of the warrant in an April 16 press release, which Bolan said during Monday’s hearing he did not know about until Friday.DuBose pressed Bolan on why he withheld “relevant information that impeded my ability to make a thoughtful consideration as to whether or not this individual should be held.”DuBose said it is concerning that the US Attorney’s Office would have to receive authorization so it could provide “full candor to the court.” “I’ve been racking my brain trying to think of a scenario where an attorney coming before a judge in any court can, at their client’s request, withhold material information,” DuBose said.Bolan responded, “It is something I’ve been wrestling with.”“My understanding is that this information is, in some ways, the Dominican Republic’s to choose to disclose or not to disclose, and that may be wrong. I may not have a complete understanding, and that, of course, is part of one of the problems here,” Bolan said.DuBose said she appreciated Bolan’s apology, but added “There was a serious breakdown in the ethical codes here.”Last week’s press release sets a “false narrative” that “puts people at risk,” DuBose said. She noted that the release was still on DHS’s website as of Monday afternoon.“It’s a threat to judicial security, but more importantly, there’s a fundamental misunderstanding of what it is that we’re doing every day, and it’s not helpful,” the judge said.DuBose’s remarks came during a hearing ordering the government to show cause for why it should not be held in contempt for failure to provide information about the warrant against Gómez, 27.Gómez is currently in Massachusetts, according to Melanie Shapiro, an attorney representing him. Bolan has filed a motion asking the court to reconsider last week’s order so Gómez can be re-detained, writing that the arrest warrant “strongly suggests” Gómez is “a risk to public safety.” DuBose will consider the motion on Tuesday afternoon.On April 28, DuBose granted a habeas corpus petition filed by Gómez requesting he be released from the Donald W. Wyatt Detention Facility in Central Falls pending a bond hearing in immigration court in Massachusetts in June. People held by the government may file a habeas corpus petition to challenge their detention.Gómez, who allegedly entered the country illegally in 2022, had been held by ICE since shortly after he was arrested by Worcester police on April 4 on a charge of assault and battery and released on bail, according to the petition. He was unable to appear for an arraignment on April 6 because of his ICE detention, the filing states.Shapiro, Gómez’s attorney, said in court on Monday she only learned of the warrant when she was contacted by a Globe reporter on Friday.According to an affidavit filed by Shapiro, DHS began removal proceedings against Gómez in June 2022, and over the past four years, has not provided “any information or evidence of a warrant in the Dominican Republic.”According to Sullivan, ICE reached out to “the ICE attaché in the Dominican Republic” for information about Gómez’s criminal record there following his April 4 arrest in Worcester. In court on Monday, Shapiro said she found the government’s argument about why it withheld information from the court to be “outrageous.”“I think that it’s [a] real disservice to the judicial process and the public’s trust of integrity of the court,” Shapiro said. Christopher Gavin can be reached at christopher.gavin@globe.com.