A judge appointed by former President Joe Biden has ordered the release of a Dominican Republic national who was in the United States illegally and had an Interpol Red Notice against him for a homicide case in his home country. U.S. District Judge Melissa DuBose in Rhode Island ruled that Bryan Rafael Gomez be released from the custody of Immigration and Customs Enforcement (ICE). Judge DuBose’s decision was based on what she described as “continuous unlawful detention.” ICE had maintained that Gomez should remain in custody due to the international arrest warrant for murder. However, the judge determined that the legal grounds ICE cited applied solely to migrants caught at the border, not to those like Gomez, who were apprehended within the United States by local law enforcement. Judge DuBose concluded that Gomez was not subject to automatic detention and ruled that he was eligible for a bond hearing. ICE cannot rearrest him due to DuBose’s order, according to the DHS. 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. He had been held in Rhode Island, where he was issued a deportation order on Tuesday by an immigration judge. DHS officials have criticized the decision, calling Gomez a criminal illegal alien and highlighting the international warrant for homicide. They claimed that the judge’s decision undermines public safety.