Man charged with rape after judge ordered immigration release

Summarised from 2 outlets · Updated 3 Nov, 09:37 · Archive

A man released from immigration custody by a federal judge has been charged with allegedly raping a woman in her Minnesota home.

Marcotulio Melendez Diaz, 42, of Honduras, has been charged with allegedly raping a woman in her Mounds View, Minnesota home on 11 October. According to federal immigration authorities, Diaz was working as a handyman when he allegedly overpowered and repeatedly raped the resident against her will. The alleged assault was captured on the woman's indoor surveillance video.

Diaz was initially apprehended and released at the southern border by the Biden administration in April 2024. He was arrested again in Minnesota in January 2026 during Operation Metro Surge and transferred to ICE detention in Texas. On 30 March, an immigration judge issued a deportation order against him, which Diaz appealed.

While the deportation order was under review, U.S. District Judge Orlando L. Garcia of the Western District of Texas granted Diaz's habeas petition on due process grounds, finding that his detention had been unlawful or unreasonably prolonged. This order released him from immigration custody in August, allowing him to return to Minnesota. Immigration and Customs Enforcement said in a statement that 'This is what happens when activist judges side with criminal illegal aliens over Americans', arguing that the alleged crime could have been prevented had Diaz remained in custody.

How it is being reported

• Woman allegedly raped by illegal migrant after Clinton-appointed federal judge ordered his releaseAn illegal alien who was released from immigration custody by a Clinton-appointed federal judge in August has been charged with allegedly raping a woman inside her own Minnesota home two months later, federal immigration authorities told Fox News.New York Post · 3 Nov, 09:14
• EXCLUSIVE: Woman allegedly raped by illegal alien after Clinton-appointed federal judge ordered his releaseFederal officials said Marcotulio Melendez Diaz, 42, was arrested after allegedly raping a woman Oct. 11 in her Minnesota home.Fox News · 2 Nov, 22:32

In this story: Marcotulio Melendez Diaz · Orlando L. Garcia · Honduras · Mounds View · Minnesota · Immigration and Customs Enforcement

This summary was written by AI from the headlines and standfirsts above, and states as fact only what at least two outlets report. How we use AI · Report a problem · Corrections log