Judge orders ethics probe of ICE over release of homicide suspect, allows him to be re-arrested

A federal judge on Tuesday ordered an ethics review of the Trump administration for its “egregious” handling of a deportation case — but bowed to the government’s demands by allowing ICE to rearrest the migrant homicide suspect she set free just a week earlier.

U.S. District Judge Melissa DuBose denounced U.S. Immigration and Customs Enforcement for ordering government lawyers to withhold key information about Bryan Rafael Gomez — namely, that he is the subject of an investigative homicide warrant in the Dominican Republic.

It’s not clear why ICE gagged its own lawyers on that subject, and the judge said the disciplinary ethics review is designed to get to the bottom of the matter.

“It’s the candor and the lack of candor to this court that has to be addressed,” Judge DuBose said during a hearing.

But she said she would not have ordered Mr. Gomez’s outright release from ICE custody last week if she’d had that information.

“I’m going to authorize the re-detention of the petitioner,” Judge DuBose said.

The case has become the latest legal wound for an administration that has seen more than its fair share of rebukes from federal judges.

A major problem for ICE is that the Department of Homeland Security, which oversees the deportation agency, issued an April 30 press release labeling Judge DuBose an “activist Biden judge” who released a “violent criminal illegal alien wanted for murder.”

Advertisement Advertisement

The Department of Justice has called DHS’ press release “inaccurate” because it suggested Judge DuBose knew about the arrest warrant but still ordered Mr. Gomez’s release on April 28.

In fact, she didn’t know about the warrant because the Justice Department never brought it to her attention. DOJ said its lawyers were aware of the warrant but ICE forbade them from telling the judge about it.

Judge DuBose said that seems to violate ethics for DOJ to withhold critical information — in this case, leading to the release of a man the U.S. government says is a danger to the community.

Compounding her dismay was the fact that DHS still had the press release posted as of Tuesday afternoon, despite the judge’s criticism and DOJ’s own calls for it to be taken down.

Assistant U.S. Attorney Kevin Bolan told the court his office had made “a very firm, very direct request” that the press statement be removed, but “I regret to inform you that it was still up.”

Advertisement Advertisement

The Washington Times has sought comment from Homeland Security.

Melanie Shapiro, Mr. Gomez’s lawyer, questioned the validity of the arrest warrant. She said the government claimed her client was wanted for “murder” but the warrant suggests the investigation was for manslaughter.

She also said the government’s repeated public statements have tainted her client’s ability to get a fair deportation hearing in immigration court.

And she urged Judge DuBose not to authorize the rearrest of Mr. Gomez, saying it would be rewarding ICE’s bad behavior.

Advertisement Advertisement

“Since ICE deliberately withheld this information then that is insufficient for satisfying the requirement for reopening the case,” Ms. Shapiro said.

But Judge DuBose said despite ICE’s conduct — and she made clear she blamed the deportation agency, not the Justice Department — it couldn’t affect her decision on the safety of the community.

“I cannot be motivated by my feelings about how this process played out and my disappointment in this process,” she said.

She said ICE can re-arrest Mr. Gomez and then must place his case before an immigration court within a week. The immigration judge will then have the next say in whether he remains detained while his deportation case plays out.

Advertisement Advertisement

The judge said Ms. Shapiro can raise objections to the Dominican Republic investigative warrant at that time.

• Stephen Dinan can be reached at sdinan@washingtontimes.com.