Mounds View home invasion follows release
A federal judge's habeas ruling allowed a Honduran man to return to Minnesota, where he was later charged with first-degree criminal sexual penetration.
By Julian Schulz ·

The conflict between federal immigration procedures and local safety concerns came to a head in Mounds View, Minnesota, on October 11. Marcotulio Melendez Diaz, a 42-year-old handyman from Honduras, allegedly overpowered and repeatedly raped a resident in her own home. Federal immigration authorities stated that the assault occurred two months after a Clinton-appointed federal judge ordered his release from custody.
Surveillance video from the home captured the incident, officials said. Melendez Diaz has been charged with felony first-degree criminal sexual penetration involving coercion. He remains in custody and faces a potential prison sentence of up to 30 years if convicted.
The man’s legal journey began in April 2024, when he was apprehended and released at the southern border by the Biden administration. He was arrested again in January 2026 during Operation Metro Surge and transferred to ICE detention in Texas. On March 30, an immigration judge issued a deportation order, which Melendez Diaz appealed.
While that appeal was pending, U.S. District Judge Orlando L. Garcia of the Western District of Texas granted a habeas petition. Garcia found that Melendez Diaz’s detention was unlawful or unreasonably prolonged on due process grounds. This ruling allowed him to return to Minnesota. On October 9, the Board of Immigration Appeals rejected his appeal and finalized the deportation order. Two days later, he was charged with rape.
ICE criticized the federal judge’s decision, arguing the crime could have been prevented had the man remained in custody. “This is what happens when activist judges side with criminal illegal aliens over Americans,” the agency said in a statement. It noted that an immigration judge had ordered his deportation, but a federal judge ordered his release.
Melendez Diaz’s case highlights the procedural gaps between executive detention and judicial review. His release was based on a finding that his detention exceeded statutory limits, even as his appeal against deportation was still active. The timing of the charge, occurring shortly after the final deportation order, has drawn attention to the sequence of legal decisions that placed him back in the community.
Source: New York Post





