A suspected illegal migrant from the Dominican Republic with a deportation order and an Interpol Red Notice related to a homicide case in his home country was released by a judge appointed by former President Joe Biden, according to the Department of Homeland Security. 

Bryan Rafael Gomez was ordered released from Immigration and Customs Enforcement custody on Tuesday by US District Judge Melissa DuBose in Rhode Island.

DuBose ordered that Gomez be released from ICE custody because of “continuous unlawful detention,” while ICE argued that he was subject to mandatory detention for having an international arrest warrant for murder.

The judge found that ICE was holding Gomez under a legal authority designed for migrants apprehended at the border, which DuBose determined did not apply to him since he was arrested by local police inside the US.

A court order reviewed by Fox News shows DuBose found Gomez was not subject to mandatory detention under the statute cited by ICE and was instead entitled to a bond hearing. 

ICE cannot rearrest him due to DuBose’s order, DHS said.

Gomez was arrested on April 4 for assault and battery in Worcester, Massachusetts.

A detainer was then honored, and ICE Boston arrested him after he was released on $500 bail, according to DHS.

He had been held in Rhode Island, where he was issued a deportation order on Tuesday by an immigration judge.

“Bryan Rafael Gomez is a criminal illegal alien from the Dominican Republic with an international warrant for homicide,” DHS Acting Assistant Secretary of Public Affairs Lauren Bis said in a statement. “An activist judge appointed by Joe Biden released this wanted murderer back into American communities.”

“This is yet another example of an activist judge trying to thwart President Trump’s mandate from the American people to remove criminal illegal aliens from our communities,” she continued. “Under President Trump and Secretary Mullin, DHS will continue to fight for the removal of criminal illegal aliens who have no right to be in our country.”

Gomez entered the US illegally in 2022, when he was caught and released by Border Patrol near Lukeville, Arizona, according to DHS.

On January 24, 2023, the Coordination of the Courts of Instruction of the National District of Santo Domingo, Dominican Republic, issued a criminal arrest warrant for Bryan Rafael Gomez for homicide.

ICE has separately described Gomez as the subject of an Interpol Red Notice.