A Honduran national living in the country illegally has been charged with raping a woman inside her Mounds View, Minnesota home two months after a federal judge ordered his release from immigration detention, according to Immigration and Customs Enforcement.
Marcotulio Melendez Diaz, 42, was working as a handyman at the woman’s residence on Oct. 11 when he allegedly overpowered her and raped her repeatedly against her will. The assault was captured on the resident’s indoor surveillance camera, officials said.
Melendez Diaz has been charged with felony first-degree criminal sexual penetration involving coercion. He remains in custody and faces up to 30 years in prison if convicted.
A Long Immigration History
According to ICE sources who spoke with Fox News, Melendez Diaz was first apprehended at the southern border in April 2024 and released under the Biden administration. He was arrested again in Minnesota in January 2026 during Operation Metro Surge and transferred to ICE detention in Texas.
An immigration judge ordered his deportation on March 30. Melendez Diaz appealed that ruling. While the appeal was pending, U.S. District Judge Orlando L. Garcia of the Western District of Texas, a Clinton appointee, granted his habeas petition and ordered his release from ICE custody, citing due process grounds and finding his detention had been unlawful or unreasonably prolonged.
That release allowed Melendez Diaz to return to Minnesota. On Oct. 9, the Board of Immigration Appeals rejected his appeal and issued a final deportation order. Two days later, on Oct. 11, the rape allegedly occurred.
ICE Response
ICE publicly criticized Judge Garcia’s decision, saying the alleged attack could have been avoided had Melendez Diaz remained in federal custody.
“This is what happens when activist judges side with criminal illegal aliens over Americans,” the agency said in a statement. “ICE arrested him, and an immigration judge ordered his deportation. But a Clinton-appointed federal judge ordered him RELEASED. And now an American woman has suffered a horrific crime that could have been PREVENTED.”
The case adds to an ongoing national debate over the role of federal judges in reviewing habeas petitions from immigrants held in ICE custody, and over how long such detentions can be extended while deportation appeals are litigated.
If you or someone you know is affected by any of the issues raised in this story, call the Sexual Assault Hotline at 800-656-HOPE (800-656-4673).
