An illegal alien from Honduras who was freed from custody by a liberal judge in August allegedly raped a Minnesota woman inside her own home.
Marcotulio Melendez Diaz was doing work as a handyman inside a home in the Minneapolis-St. Paul suburb of Mounds View on October 10 when he allegedly overpowered and raped the victim multiple times against her will.
The 42-year-old Honduran would never have been in the home had he not been let loose by U.S. District Judge Orlando L. Garcia, an appointee of former Democrat President Bill Clinton.
Officials said that the assault was captured on surveillance video inside the home.
Because of this sanctuary judge’s actions, an American woman has suffered a horrific crime that NEVER should have happened.
Marcotulio Melendez Diaz, a Honduran illegal alien, allegedly raped a woman inside her Minnesota home while working as a handyman. He now faces a first-degree criminal sexual conduct charge.
He was released into the United States under the Biden administration in 2024, ICE arrested him, then a Clinton-appointed federal judge ordered him RELEASED.
— Homeland Security (@DHSgov) November 2, 2026
“This is what happens when activist judges side with criminal illegal aliens over Americans,” Immigration and Customs Enforcement (ICE) said in a statement posted to X. “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,” the agency added, pointing out the obvious.
The accused rapist was apprehended and released at the border in April 2024 during the Biden administration’s open borders policies, ICE sources told Fox News.
Melendez Diaz was again arrested during Operation Metro Surge in January and was transferred to Texas.
An immigration judge issued a deportation order against the criminal illegal, but he appealed it, and while the order was under review, Garcia, a judge in the Western District of Texas, ordered him to be released from custody on grounds of due process, granting a habeas petition that his detention was “unlawful or unreasonably prolonged.”
The ruling allowed the alleged sex criminal to return to Minnesota.
The appeal was rejected on Oct. 9, with the Board of Immigration Appeals issuing a deportation order against him. On the very next day, he carried out the alleged rape.
Prosecutors have charged Melendez Diaz with felony 1st degree criminal sexual penetration w/ coercion,” according to Bill Melugin of Fox News. If convicted, he could face up to 30 years in prison.
EXCLUSIVE: A Honduran illegal alien who was arrested by ICE in Minnesota during Operation Metro Surge, issued a deportation order, then ordered released from ICE detention by a Clinton-appointed federal judge on “due process” grounds has now been arrested & charged w/ raping a woman in her Minnesota home while working as a handyman after his release. Police say the rape was captured on the woman’s internal home surveillance video.
Authorities in Ramsey County, MN have charged 42-year-old MARCOTULIO MELENDEZ DIAZ with felony 1st degree criminal sexual penetration w/ coercion. According to the criminal complaint, on October 11th, MELENDEZ DIAZ allegedly overpowered and repeatedly raped the female victim in her own home in Mounds View, MN against her will while working as a handyman, and the assault was captured on the woman’s internal home surveillance system video. He is in custody on $150,000 bond and will face up to 30 years in prison if convicted. ICE has placed a detainer on him.
ICE sources tell FOX that MELENDEZ DIAZ was initially caught and released at the Texas border by the Biden administration in April 2024. ICE arrested him in Minnesota in January 2026 during Operation Metro Surge and transferred him to ICE detention in Texas where he initially crossed the border illegally. An immigration judge issued him a deportation order on 3/30/2026 and MELENDEZ DIAZ appealed. But on 8/7/2026, a federal judge in the Western District of Texas, Judge Orlando L. Garcia (Clinton appointee) ordered MELENDEZ DIAZ released from ICE custody and granted his habeas petition on grounds of “due process”, and MELENDEZ DIAZ made his way back to Minnesota.
The Board of Immigration Appeals then rejected MELENDEZ DIAZ’s appeal on 10/9/2026 and issued him a final deportation order, and two days later, police say he raped the Minnesota woman in her home.
Frustrated ICE sources say this alleged rape would have never happened if MELENDEZ DIAZ had remained in ICE custody.
I’ve reached out to Judge Garcia’s office & courtroom deputy for comment.
— Bill Melugin (@BillMelugin_) November 2, 2026
The alleged rape is just one more example of a dangerous illegal alien committing a heinous crime when he should never have been put back on the streets by a criminal-coddling judge.
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