ICE directed a Rhode Island prosecutor to conceal a homicide warrant from a federal court, and DHS branded the judge an 'activist'

On April 28, 2026, U.S. District Judge Melissa DuBose granted a habeas petition and ordered the release of immigration detainee Bryan Rafael Gomez, relying on the government's silence about any criminal history. An Assistant U.S. Attorney for the District of Rhode Island later admitted that silence came at the direction of U.S. Immigration and Customs Enforcement, which had instructed him not to tell the court that Gomez was wanted on an active homicide warrant in the Dominican Republic.

Two days later, on April 30, 2026, the Department of Homeland Security issued a press release attacking Judge DuBose over the release, with Acting Assistant Secretary Lauren Bis calling her an "activist judge" who was "trying to thwart President Trump's mandate." The release did not disclose that ICE itself had withheld the warrant information the judge would have needed to weigh in her ruling. A government prosecutor's duty of candor toward the court is a baseline obligation in federal litigation, and Judge DuBose later said the "lack of candor to this court ... has to be addressed."

Updates

2026-05-01 — Assistant U.S. Attorney formally admitted concealing the warrant at ICE's direction [1, 2]

The Assistant U.S. Attorney filed a court notice apologizing for failing to tell the court that Gomez was wanted on the homicide warrant, stating that ICE had instructed him not to disclose it.

2026-05-05 — Judge ordered re-detention and referred the prosecutor for investigation [4, 5]

U.S. District Judge Melissa DuBose ordered Gomez re-detained and referred the assistant U.S. attorney's failure to disclose the warrant for a disciplinary investigation.

2026-05-07 — Court appointed special counsel to investigate prosecutor's conduct [7, 8]

Chief Judge John McConnell appointed Roger Williams University law professor Niki Kuckes as special counsel to investigate whether Assistant U.S. Attorney Kevin Bolan violated his duty of candor to the court, an independent structure adopted in part to insulate the probe from bias given the Department of Homeland Security's public attacks on Judge DuBose.

2026-06-16 — Investigation found a duty-of-candor violation [9, 10]

An investigation found that the assistant U.S. attorney violated his duty of candor to the court by withholding the homicide warrant at ICE's direction; he received a cautionary letter and was referred for possible discipline.