Updated
Updated · Fox News · Nov 2
Honduran Man, 42, Charged in Minnesota Rape After Judge Ordered ICE Release
Updated
Updated · Fox News · Nov 2

Honduran Man, 42, Charged in Minnesota Rape After Judge Ordered ICE Release

3 articles · Updated · Fox News · Nov 2

Summary

  • Marcotulio Melendez Diaz, 42, was charged with first-degree criminal sexual penetration after prosecutors said he raped a woman in her Mounds View, Minnesota, home on Oct. 11; he faces up to 30 years in prison.
  • ICE said the Honduran national had been released from immigration custody in August after U.S. District Judge Orlando L. Garcia granted a habeas petition on due-process grounds while his deportation case was still under review.
  • That release sent him back to Minnesota even though an immigration judge had ordered his deportation on March 30; the Board of Immigration Appeals rejected his challenge on Oct. 9, two days before the alleged assault.
  • Federal officials said Melendez Diaz was first apprehended and released at the southern border in April 2024, then arrested again in Minnesota in January 2026 during Operation Metro Surge; he is now back in custody.

Insights

How did a pending deportation appeal and a federal due process ruling inadvertently set the stage for a tragic crime in Minnesota?
What specific systemic gaps allow released federal immigration detainees to bypass community monitoring while awaiting final deportation orders?