An undocumented Honduran immigrant released from federal immigration custody by a Clinton-appointed judge in August has been accused of raping a woman inside her Minnesota home two months later, federal immigration officials told Fox News.
Marcotulio Melendez Diaz, 42, was working as a handyman in Mounds View on Oct. 11 when he allegedly overpowered the resident and repeatedly sexually assaulted her against her will.
Authorities said the alleged attack was recorded by an indoor security camera inside the woman’s home.
Immigration and Customs Enforcement criticized U.S. District Judge Orlando L. Garcia’s decision to release Melendez Diaz, arguing that the alleged assault might have been avoided had he remained detained.
“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.”
According to ICE sources cited by Fox News, Melendez Diaz was first apprehended at the southern border and released by the Biden administration in April 2024.
Officials said he was arrested again in Minnesota in January 2026 as part of Operation Metro Surge. He was then transferred to ICE custody in Texas.
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An immigration judge ordered his deportation on March 30, but Melendez Diaz appealed the decision, authorities said.
While the deportation order was being challenged, Garcia, a federal judge in the Western District of Texas, granted Melendez Diaz’s habeas petition on due process grounds and ordered his release. The judge found that his detention had been unlawful or unreasonably prolonged.
The ruling permitted Melendez Diaz to return to Minnesota.
On Oct. 9, the Board of Immigration Appeals rejected his challenge and issued a final deportation order, authorities said.
Two days after the deportation order became final, Melendez Diaz was charged with rape.
He faces a felony charge of first-degree criminal sexual penetration involving coercion.
Melendez Diaz remains in custody and could receive a prison sentence of up to 30 years if convicted.
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).
