Honduran Man Charged With Rape Two Months After Immigration Release

Marcotulio Melendez Diaz, a 42-year-old national of Honduras, has been charged with raping a woman inside her Mounds View home. The alleged assault occurred on Oct. 11, just two months after his release from federal immigration custody. That release was ordered by a Clinton-appointed judge. Federal immigration authorities confirmed these details to Fox News, highlighting the stark timeline between his legal freedom and the violent crime.

The victim was working with Diaz, who had taken a job as a handyman, when he allegedly overpowered her. Officials stated that he repeatedly raped her against her will inside her own residence. The entire ordeal was captured on indoor surveillance video. It is a chilling record of the attack unfolding in real time.

Immigration and Customs Enforcement (ICE) has publicly blasted U.S. District Judge Orlando L. Garcia for his decision. The agency argues the tragedy could have been avoided had Diaz remained detained. "This is what happens when activist judges side with criminal illegal aliens over Americans," the agency stated in a sharp rebuke. They noted that ICE had arrested him and an immigration judge had ordered his deportation. Yet, Garcia, a Clinton appointee, ordered him released.

"And now an American woman has suffered a horrific crime that could have been PREVENTED," the statement read. The agency sees this as a direct consequence of judicial leniency toward criminal non-citizens.

The legal saga stretches back to April 2024. At that time, the Biden administration apprehended Diaz at the southern border before releasing him. He resurfaced in Minnesota in January 2026 during Operation Metro Surge. Officials then transferred him to ICE detention in Texas. On March 30, an immigration judge issued a deportation order against him. Diaz appealed the decision.

While that appeal hung in the balance, Garcia intervened. The federal judge in the Western District of Texas granted Diaz's habeas petition. Garcia cited due process grounds, finding the detention unlawful or unreasonably prolonged. This ruling sent Diaz back to Minnesota. He was free to move about, work, and eventually commit the alleged assault.

Then came the final blow to his legal status. On Oct. 9, the Board of Immigration Appeals rejected his appeal. They issued a final deportation order against him. Two days later, on Oct. 11, Diaz was charged with rape.

The charges are severe. Prosecutors filed felony first-degree criminal sexual penetration involving coercion. Diaz remains in custody now. If convicted, he faces up to 30 years behind bars. The sequence of events raises urgent questions about judicial discretion and public safety.