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.

He added that he did not know at the time that ICE had publicly disclosed the warrant. DHS issued a press release titled “Activist Biden Judge Releases Violent Criminal Illegal Alien Wanted for Murder” on April 30. Washington Examiner reported that DHS publicly attacked DuBose on April 30 using the same information she had not received before issuing her ruling.

A DHS official filed a declaration with the court on May 4 that posted the Dominican Republic arrest warrant, though the contents of that filing are under seal. ICE had already publicly disclosed the warrant in its April 16 press release. The DOJ issued a statement on May 1 conceding DuBose had been unaware of the overseas allegations when she ordered Gomez released.

Defense lawyer Melanie Shapiro argued in court that the Spanish-language warrant referenced a manslaughter-related statute and firearm offense rather than murder. Shapiro has disputed the Massachusetts assault allegations against Gomez. Art Arthur of the Center for Immigration Studies wrote an analysis of the controversy.

Washington Examiner reported on the full sequence. Despite her frustration with the government’s conduct, DuBose on Tuesday ordered Gomez detained again pending a new bond hearing. "I cannot be motivated by my feelings about how this process played out.

DuBose stated.