Judge Refers DOJ Attorney for Investigation After Acknowledging Nondisclosure of Foreign Charges Against Immigrant

U.S. District Judge Melissa R. DuBose referred Justice Department attorney Kevin M. Bolan for a possible disciplinary investigation on Tuesday after he acknowledged failing to disclose foreign murder charges against an illegal immigrant in court proceedings.

DuBose, an appointee of former President Joe Biden, said she would investigate what she called a lack of candor. "It’s the candor and the lack of candor to this court that has to be addressed. And it has to be fully investigated, so we don’t have anything like this happen again," DuBose stated.

The controversy began April 16 when ICE issued a press release announcing the arrest of five foreign fugitives wanted for murder. One was Bryan Rafael Gomez, a Dominican Republic national and illegal immigrant accused by Dominican authorities in a homicide case. Gomez had entered the United States illegally near Lukeville, Arizona, in 2022.

He was arrested in Worcester, Massachusetts, on April 4 on assault and battery charges before local authorities honored an immigration detainer and transferred him into ICE custody. On April 28, DuBose ordered Gomez released from ICE custody. ICE officials had told Justice Department attorney Kevin M.

Bolan not to disclose the overseas allegations because the Dominican government had not yet authorized the information to be shared in litigation. Bolan acknowledged during hearings on Monday and Tuesday that he failed to disclose the foreign murder charges.

Bolan said he was told by ICE not to confirm or deny the foreign charges because authorization from the Dominican Republic had not yet been secured.