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DHS Intensifies Public Fight With Rhode Island Judge as Court Probes Withheld Warrant

An ethics probe now examines government secrecy over a Dominican warrant.

Overview

  • Homeland Security general counsel James Percival escalated the dispute Tuesday with a Federalist op-ed that attacked U.S. District Judge Melissa DuBose and argued she lacked authority to order an ICE detainee’s release.
  • Justice Department attorney Kevin Bolan told the court he withheld a Dominican Republic homicide warrant at ICE’s direction, apologized for the omission, and now faces a referral for possible discipline.
  • Chief Judge John McConnell appointed legal ethics expert Niki Kuckes as special counsel to review records, seek documents, interview witnesses, and recommend any misconduct sanctions.
  • DHS has kept an April 30 press release online that labeled DuBose an “activist” and said she freed a man “wanted for murder,” which the court called dangerous and which DOJ lawyers said they asked DHS to remove.
  • After DuBose later authorized ICE to re-detain Bryan Rafael Gomez pending an immigration bond hearing, he has not been located, and the judge ordered a detailed status update on efforts to find him.