Immigration Law: Migrant Charged with Rape After Judge-Ordered Release
A Honduras native was charged with felony sexual assault in Minnesota two days after a final deportation order was issued, following a federal judge's earlier release of the suspect.
By Fatima Popov ·
Federal immigration authorities say a 42-year-old Honduran man was charged with raping a woman in her Minnesota home just two days after his deportation order became final.
Marcotulio Melendez Diaz, 42, is accused of overpowered and repeatedly raping a resident in Mounds View on Oct. 11. The suspect was working as a handyman at the time. Officials stated that an indoor surveillance camera captured the assault. Melendez Diaz faces a charge of felony first-degree criminal sexual penetration involving coercion. He remains in custody and could face up to 30 years in prison if convicted.
The timeline of Melendez Diaz's immigration status has drawn scrutiny from enforcement agencies. ICE sources indicated he was first apprehended and released at the southern border in April 2024 under the Biden administration. He was arrested again in Minnesota in January 2026 during Operation Metro Surge and transferred to ICE detention in Texas. On March 30, an immigration judge ordered his deportation, a decision Melendez Diaz appealed.
While that appeal was pending, U.S. District Judge Orlando L. Garcia of the Western District of Texas granted a habeas petition. Garcia ruled that Melendez Diaz's detention had been unlawful or unreasonably prolonged, ordering his release. This allowed the suspect to return to Minnesota. Two days after the Board of Immigration Appeals rejected his appeal and issued a final deportation order on Oct. 9, the alleged rape occurred.
ICE criticized the federal court's decision in a public statement. The agency argued the incident could have been prevented if the suspect had remained in custody. "This is what happens when activist judges side with criminal illegal aliens over Americans," the agency said. ICE added that it had arrested Melendez Diaz and an immigration judge had ordered his deportation, but the federal judge ordered him released.
The sexual assault hotline number 800-656-HOPE is available for those affected by the issues raised in this case.
Source: New York Post
