Honduran Man Charged With Rape Two Days After Deportation Order
Federal judge had released the suspect from ICE custody in August, days before the alleged assault in Minnesota.
By Elena Perry ·
A 42-year-old Honduran man was charged with felony first-degree criminal sexual penetration two days after a federal immigration board finalized his deportation order, according to federal immigration authorities. Marcotulio Melendez Diaz allegedly raped a woman inside her home in Mounds View, Minnesota, on October 11.
The assault occurred while Diaz was working as a handyman at the residence. Officials stated that the victim was overpowered and repeatedly raped against her will. The incident was recorded on the home’s indoor surveillance system. Diaz remains in custody and faces up to 30 years in prison if convicted.
Diaz’s path to Minnesota began in April 2024, when he was apprehended at the southern border and subsequently released by the Biden administration. He was arrested again in Minnesota in January 2026 during Operation Metro Surge. Authorities transferred him to an ICE detention facility in Texas, where an immigration judge issued a deportation order on March 30.
Diaz appealed that initial order. While the appeal was pending, U.S. District Judge Orlando L. Garcia of the Western District of Texas granted Diaz a habeas petition. Garcia ruled that Diaz’s detention was unlawful or unreasonably prolonged, ordering his release from ICE custody. This decision allowed Diaz to return to Minnesota.
ICE criticized Judge Garcia for the release, arguing that the crime could have been prevented if Diaz had remained detained. The agency stated that Diaz was initially arrested by ICE and ordered deported by an immigration judge, but that a Clinton-appointed federal judge ordered his release. “And now an American woman has suffered a horrific crime that could have been PREVENTED,” the agency said in a statement.
The Board of Immigration Appeals rejected Diaz’s appeal on October 9, issuing a final deportation order. On October 11, just two days later, police charged him with the alleged rape. The case highlights the timeline between a final immigration ruling and a new criminal charge against the same individual.
