Minnesota Man Charged After Judge Ordered Release From ICE Custody

Marcotulio Melendez Diaz, 42, faced a felony count alleging first-degree criminal sexual penetration through coercion after an alleged assault at a Mounds View home on October 11. Authorities said the woman was at home when Diaz, working as a handyman, allegedly overpowered and repeatedly raped her. The assault was captured by an indoor surveillance camera, officials said.

Diaz had been held by Immigration and Customs Enforcement after his arrest in Minnesota in January 2026. An immigration judge ordered his deportation on March 30, and Diaz appealed. On August 7, U.S. District Judge Orlando L. Garcia ordered him released from ICE custody after granting a habeas petition on due-process grounds, concluding that his confinement was unlawful or had lasted an unreasonable length of time.

The Board of Immigration Appeals rejected Diaz’s appeal on October 9, making the deportation order final. He was charged two days later, authorities said. Diaz remains in custody and could receive a prison sentence of as many as 30 years if convicted.

ICE said Diaz had first been apprehended and released at the southern border in April 2024. After his Minnesota arrest in January 2026, he was transferred to ICE detention in Texas. The agency said the assault could have been prevented had he remained in custody, and criticized Garcia’s release order. The charge is an allegation; the reports provided no account from Diaz or his lawyer.

Due-Process Ruling Draws Political Blame After Minnesota Assault Charge

A federal judge’s due-process ruling is now being blamed for an alleged sexual assault, even though the charge against Marcotulio Melendez Diaz remains an allegation, not a conviction. Diaz, 42, was charged after an October 11 incident at a Mounds View home.

Judge Orlando L. Garcia ordered Diaz released from ICE custody on August 7 after granting a habeas petition, concluding that his confinement violated the law or had lasted an unreasonable length of time. Diaz had been detained after an ICE arrest in Minnesota in January 2026 and was appealing a deportation order issued in March.

The Board of Immigration Appeals rejected that appeal on October 9. Two days later, Diaz faced a felony count alleging first-degree criminal sexual penetration through coercion. Officials said the alleged assault was recorded by an indoor camera. Diaz remains in custody and could face up to 30 years in prison if convicted.

ICE has argued the crime could have been prevented if Diaz had not been released, and accused the judge of siding with criminal immigrants over Americans. That accusation turns a judicial decision on detention and due process into political blame before the criminal case has been resolved. The reported facts establish the sequence of events, not that the judge caused the alleged assault.

ICE said Diaz had been apprehended and released at the southern border in April 2024. He was transferred to detention in Texas after his 2026 arrest. The reports included no response from Diaz or his lawyer.

Judge’s Release Order Preceded Minnesota Rape Charge, ICE Says

The alleged assault in a Minnesota home has sharpened a central public-safety question: what happens when someone facing deportation is released from immigration detention? ICE says the October 11 attack could have been prevented if Marcotulio Melendez Diaz had remained in custody.

Diaz, 42, faced a felony count alleging first-degree criminal sexual penetration through coercion after an alleged assault at a Mounds View home. Officials said the woman was there when Diaz, working as a handyman, allegedly overpowered and repeatedly raped her, and that an indoor camera recorded the assault. He is still detained and could receive a prison sentence of as many as 30 years if convicted.

ICE arrested Diaz in Minnesota in January 2026 and transferred him to detention in Texas. An immigration judge ordered his deportation on March 30, but Diaz appealed. On August 7, federal Judge Orlando L. Garcia ordered his release after granting a habeas petition on due-process grounds, finding his detention unlawful or unreasonably prolonged.

The Board of Immigration Appeals made the deportation order final on October 9. Diaz was charged two days later. ICE criticized Garcia’s decision, arguing that continued detention could have prevented the alleged crime. The sequence gives weight to the agency’s warning about the consequences of release, while the court’s stated basis was due process.

ICE said Diaz had first been apprehended and released at the southern border in April 2024. The reports provided no response from Diaz or his lawyer, and the criminal charge remains an allegation.