Freed by Judge, Honduran ICE Detainee Now Charged With Minnesota Rape

A Honduran man whom a federal judge ordered released from Immigration and Customs Enforcement detention in August is now charged with first-degree criminal sexual conduct in Minnesota, according to Ramsey County court records and an exclusive report from Fox News correspondent Bill Melugin.

Marcotulio Melendez Diaz, 42, is accused of sexually assaulting a woman inside her Mounds View home on October 11 while he was working there as a handyman, according to Melugin’s report on X and a summary of the case published by the Center of the American Experiment. Melugin reported that police say the assault was captured on the woman’s home surveillance system. The criminal complaint was filed October 26, according to Ramsey County filings listed by the court-records site MN Crime.

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… pic.twitter.com/MxoTkVtu2e

— Bill Melugin (@BillMelugin_) November 2, 2026

From ICE custody to a Minnesota jail

Melendez Diaz was taken into custody in Minnesota during the federal immigration crackdown known as Operation Metro Surge and was later transferred to an ICE detention facility in Texas, according to the Center of the American Experiment. Melugin reported, citing ICE sources, that he had first been caught and released at the Texas border in April 2024 and that an immigration judge issued him a deportation order on March 30, 2026, which he appealed.

Federal court records show Melendez Diaz filed a petition for a writ of habeas corpus on March 27, 2026, in a case assigned to U.S. District Judge Orlando L. Garcia of the Western District of Texas, according to the public docket. Melugin reported that Garcia, an appointee of President Bill Clinton, granted the petition on due process grounds on August 7 and ordered him released from ICE custody, after which he returned to Minnesota.

The Board of Immigration Appeals rejected his appeal and issued a final deportation order on October 9, Melugin reported. The alleged assault happened two days later, according to the same report.

“Frustrated ICE sources say this alleged rape would have never happened if MELENDEZ DIAZ had remained in ICE custody,” Melugin wrote on X. He said he had reached out to Garcia’s office for comment.

What happens next

Ramsey County jail records show Melendez Diaz was booked on October 28 and remains in custody, according to the Center of the American Experiment, which reported bail at $200,000. Melugin reported that ICE has placed a detainer on him, meaning federal authorities have asked to be notified before he is released so they can take him back into immigration custody. He is due back in court on November 25, according to the Center of the American Experiment.

Melugin reported that the charge carries up to 30 years in prison on conviction. Melendez Diaz has not been convicted, and the charge is an allegation that he is presumed innocent of unless proven guilty in court.

The case lands as the Trump administration presses its argument that federal judges are freeing detainees with final or pending removal orders through habeas petitions. Republicans have pointed to cases like this one as evidence that detention, not release, should be the rule while deportation cases are decided. Critics of the administration’s detention push say due process protections apply to everyone held by the government, regardless of immigration status.

Daily Beltway will update this story if Judge Garcia’s office or ICE responds.

Sources

• Bill Melugin, Fox News, on X
• Center of the American Experiment
• Melendez Diaz v. Warden, Karnes County, federal habeas docket
• Ramsey County criminal filings, MN Crime

Reporting by Daily Beltway.