A federal judge in Rhode Island has initiated disciplinary proceedings against Assistant U.S. Attorney Kevin M. Bolan, citing a “lack of candor” for failing to disclose a foreign homicide warrant during a detainee’s release hearing.
U.S. District Judge Melissa DuBose released Bryan Rafael Gomez, a Dominican national, after a habeas corpus petition. Unbeknownst to her, Gomez was wanted in the Dominican Republic for homicide. Judge DuBose stated that the Department of Homeland Security (DHS) had criticized her decision, despite her lack of knowledge about the warrant at the time. She has referred the matter to the full court for review by a magistrate judge or special master. ([newsfromthestates.com](https://www.newsfromthestates.com/article/ri-federal-judge-orders-investigation-after-ice-failed-disclose-mans-murder-warrant?utm_source=openai))
Assistant U.S. Attorney Bolan admitted in a court filing that he was instructed by Immigration and Customs Enforcement (ICE) not to disclose the warrant, believing there was a legitimate law enforcement reason for this directive. ([oceanstatemedia.org](https://www.oceanstatemedia.org/politics/top-lawyer-in-rhode-island-u-s-attorneys-office-faces-misconduct-investigation?utm_source=openai))
First Assistant U.S. Attorney Charles C. Calenda clarified that Judge DuBose was unaware of the warrant when she ordered Gomez’s release. ([justice.gov](https://www.justice.gov/usao-ri/pr/statement-regarding-recent-media-reports-court-ruling?utm_source=openai))
Gomez has since been taken back into custody. His attorney disputes both the assault and battery charges and the Dominican murder allegation. ([oceanstatemedia.org](https://www.oceanstatemedia.org/politics/top-lawyer-in-rhode-island-u-s-attorneys-office-faces-misconduct-investigation?utm_source=openai))
The disciplinary proceedings could result in sanctions for Bolan, including reprimands, fines, or disbarment. Judge DuBose also suggested that DHS could face sanctions for its role in the non-disclosure. ([oceanstatemedia.org](https://www.oceanstatemedia.org/politics/top-lawyer-in-rhode-island-u-s-attorneys-office-faces-misconduct-investigation?utm_source=openai))