DOJ attorney referred for discipline over withheld info regarding detainee wanted for murder
After the U.S. Department of Homeland Security recently criticized a federal judge in Rhode Island for releasing a man described as a “violent criminal illegal alien,” the judge said she is referring an assistant U.S. attorney “for disciplinary proceedings” for not disclosing that the detainee was wanted in the Dominican Republic for murder charges. (Image from Shutterstock)
After the U.S. Department of Homeland Security recently criticized a federal judge in Rhode Island for releasing a man described as a “violent criminal illegal alien,” the judge said she is referring an assistant U.S. attorney "for disciplinary proceedings" for not disclosing that the detainee was wanted in the Dominican Republic for murder charges.
Law360 and the New York Times have coverage.
U.S. District Judge Melissa R. DuBose of the District of Rhode Island, an appointee of former President Joe Biden, made the decision after a two-day hearing focused on the government’s failure to tell her that Bryan Rafael Gomez, detained by U.S. Immigration and Customs Enforcement, is wanted for murder.
On April 28, DuBose had granted Gomez release, ordering that he appear before an immigration judge for a bond hearing.
But in an April 30 press release, Acting DHS Assistant Secretary Lauren Bis characterized DuBose as an “activist judge” who had “released this wanted murderer back into American communities” and was “trying to thwart President [Donald] Trump’s mandate from the American people to remove criminal illegal aliens.”
DuBose called the press release “completely erroneous,” inflammatory and dangerous.
In a hearing Monday, DuBose called the decision to withhold information “a serious breakdown in the ethical codes.”
“After considering the facts and circumstances of this case, and specifically the [government’s] decision to withhold highly relevant information and their lack of candor to this court, … the court is referring Assistant United States Attorney Kevin Bolan for disciplinary proceedings consistent with the” District of Rhode Island’s local rules, DuBose said in a text order on the docket, according to Law360.
In a filing May 1, Bolan said ICE told him that he could not inform the court about the pending charges outside the United States and apologized to DuBose.
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