Federal judge frees man after DHS withholds key evidence in deportation case
A federal judge in Massachusetts has released Bryan Rafael Gomez on bond, despite claims by the Department of Homeland Security (DHS) that he was wanted in the Dominican Republic. The case took a sharp turn when it emerged that DHS had withheld key details from the court. Judge Melissa DuBose ordered Gomez’s release on 28 April 2023, allowing him to return home to Massachusetts. Shortly after, DHS publicly criticised her decision, with Acting Assistant Secretary Lauren Bis calling her an 'activist judge'. The agency did not disclose at the time that it had failed to inform the court about Gomez’s alleged wanted status.
A hearing was set for the following Tuesday to reconsider detaining Gomez. The Justice Department’s filing mentioned his 'criminal history', though the *New York Times* could not confirm DHS’s claim of a homicide arrest warrant in the Dominican Republic. During proceedings, Judge DuBose raised the possibility of sanctions against DHS for misconduct. Kevin Bolan, head of the civil division at the U.S. Attorney’s Office, later apologised for the government’s failure to provide full information. Gomez’s lawyer, Melanie Shapiro, did not respond to requests for comment. The case has highlighted tensions between the judiciary and immigration authorities over transparency in deportation proceedings.
Gomez remains free on bond while the legal dispute continues. The upcoming hearing will determine whether he will be detained again. The judge’s warning of potential sanctions against DHS marks a rare rebuke of the agency’s handling of the case.
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