A Honduran national who was released from immigration custody in August by a federal judge appointed by former President Clinton was charged two months later with allegedly raping a woman inside her Minnesota home, federal immigration authorities told Fox News.
Marcotulio Melendez Diaz, 42, was working as a handyman on Oct. 11 when he allegedly overpowered the resident and repeatedly raped her against her will.
Authorities said the alleged assault at the Mounds View home was recorded by an indoor surveillance camera.
Immigration and Customs Enforcement (ICE) criticized U.S. District Judge Orlando L. Garcia for ordering Melendez Diaz released, arguing that the alleged attack 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 who spoke with 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 during Operation Metro Surge and then transferred to ICE detention in Texas.
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An immigration judge ordered his deportation on March 30, but Melendez Diaz appealed the decision, authorities said.
While that appeal was pending, Garcia, a judge on the U.S. District Court for the Western District of Texas, granted Melendez Diaz’s habeas petition on due process grounds. The judge found that his detention had been unlawful or unreasonably prolonged and ordered his release from ICE custody.
The decision permitted Melendez Diaz to return to Minnesota.
On Oct. 9, the Board of Immigration Appeals rejected his appeal and issued a final deportation order against him.
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 face up to 30 years in prison 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).