A Honduran national, Marcotulio Melendez Diaz, 42, has been charged with allegedly raping a woman in her Minnesota home two months after a Clinton-appointed federal judge ordered his release from immigration custody, federal immigration authorities told Fox News.
Melendez Diaz was apprehended by Immigration and Customs Enforcement (ICE) at the southern border in April 2024 and was later released at the border by the Biden administration. He was arrested again in Minnesota in January 2026. An immigration judge issued a deportation order against him on March 30, but Melendez Diaz appealed.
While the deportation order was under review, U.S. District Judge Orlando L. Garcia, in the Western District of Texas, granted Melendez Diaz's habeas petition, finding his detention unlawful or unreasonably prolonged, and ordered his release from ICE custody. This ruling permitted Melendez Diaz to return to Minnesota.
On October 9, the Board of Immigration Appeals rejected his appeal and issued a final deportation order. Two days later, on October 11, Melendez Diaz allegedly overpowered the woman in her Mounds View home and raped her. The assault was captured on the victim's indoor surveillance video, according to officials.
Melendez Diaz has been charged with felony first-degree criminal sexual penetration involving coercion. He faces up to 30 years in prison if convicted and remains in custody. ICE criticized the judge's decision, stating that the incident could have been prevented if Melendez Diaz had remained detained.