Biden-appointed judge order release of migrant with murder international arrest warrant
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A suspected illegal immigrant with a deportation order from the Dominican Republic and an Interpol Red Notice related to a murder case in his home country has been released by a judge appointed by former President Joe Biden, according to the Department of Homeland Security.
Gomez was ordered released from Immigration and Customs Enforcement custody on Tuesday by U.S. District Judge Melissa DuBose in Rhode Island.
While DuBose ordered Gomez’s release from ICE custody due to “continued unlawful detention,” ICE argued that she was under mandatory detention because she had an international arrest warrant for murder.
The judge found that ICE held Gomez under a legal authority designed for immigrants apprehended at the border; DuBose determined that this did not apply to him because he had been arrested by local police in the United States. A court decision reviewed by Fox News shows DuBose found that Gomez was not subject to mandatory detention under the law cited by ICE and was instead entitled to a bail hearing.
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It was decided to release Bryan Rafael Gomez from ICE custody. (Getty Images: DHS)
DHS said ICE could not re-arrest him because of DuBose’s warrant.
Gomez was arrested on April 4 in Worcester, Massachusetts, on charges of assault and battery. A detainee was later honored and ICE Boston arrested him after he was released on $500 bail, according to DHS.
He was being held in Rhode Island, where his deportation order was issued by an immigration judge on Tuesday.
The judge ruled that Bryan Rafael Gomez be released from ICE custody due to “continuous unlawful detention.” (Christopher Dilts/Bloomberg via Getty Images)
“Bryan Rafael Gomez is an illegal alien with an international murder warrant from the Dominican Republic,” DHS Deputy Assistant Secretary for Public Affairs Lauren Bis said in a statement. “An activist judge appointed by Joe Biden released this wanted killer back into American communities.”
“This is yet another example of an activist judge trying to block President Trump’s mandate from the American people to remove illegal criminals from our communities,” he continued. “Under President Trump and Secretary Mullin, DHS will continue to fight to eliminate criminal illegal aliens who have no right to be in our country.”
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DHS said Bryan Rafael Gomez entered the United States illegally in 2022 and was subsequently captured and released by Border Patrol. (Andrew Harrer/Bloomberg via Getty Images)
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According to DHS, Gomez entered the United States illegally in 2022 when he was captured and released by Border Patrol near Lukeville, Arizona.
On January 24, 2023, the Coordination of Educational Courts of the Santo Domingo National District of the Dominican Republic issued a criminal arrest warrant for Bryan Rafael Gomez for murder. ICE also identified Gomez as the subject of an Interpol Red Notice.
