An illegal alien that was released from immigration custody by a Clinton-appointed federal judge in August 2026 has now been charged with allegedly raping a woman inside her own home in the state of Minnesota, just two months after the ordered release, according to information released by immigration authorities. Marcotulio Melendez Diaz, 42, of Honduras, was working as a handyman when he is alleged to have overpowered the resident and raped her repeatedly on October 11.
The assault, which took place inside a home located in Mounds View, was captured on the woman’s indoor surveillance camera, officials stated. U.S. Immigration and Customs Enforcement (ICE) put U.S. District Judge Orlando L. Garcia on full blast for ordering the release of Melendez Diaz, saying the incident would have been prevented had the suspect remained in their custody.
“This is what happens when activist judges side with criminal illegal aliens over Americans,” the agency went on to say in a scathing 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 a report from Fox News, ICE sources spoke with the outlet and said that Melendez Diaz was first apprehended and released at the southern border by the Biden administration in April 2024. He was arrested a second time in the state of Minnesota in January 2026, having been captured during Operation Metro Surge. He was then transferred to an ICE detention facility located in Texas.
Then, on March 30, an immigration judge slapped Melendez Diaz with a deportation order, which he then appealed. While the deportation order was being reviewed, Garcia, a federal judge serving in the Western District of Texas, ordered the illegal alien to be released from ICE custody, granting his habeas petition on the grounds of due process, saying that his detention had been unlawful.
After the ruling was issued, Melendez Diaz returned to the state of Minnesota. On October 9, Melendez Diaz’s appeal was shot down and the Board of Immigration Appeals issued a deportation order against him. Two days after the deportation order was issued, he was charged with committing rape. Melendez Diaz was charged with felony first-degree criminal sexual penetration involving coercion.
He is currently in custody and faces up to three decades behind bars if he is convicted. Folks on social media platform X were livid about Garcia’s actions and did not hold back in the comment section. “And when will these judges be held responsible for the consequences of their actions?!?!” one user rightly asked. “If just once a judge that let a criminal go became one of their victims, that would be great,” another user wrote.
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“Remove the judge or pass a law where these activist judges have to pay restitution to the victims. Americans deserve justice,” someone else commented. “Democrats don’t care how many women or children are raped as long as they can stay in power,” another user stated. “We are looking at a real POS. Hope he gets his real justice in prison. He’s garbage,” someone posted.