World · North America · 5 hrs ago
Honduran man charged with rape after release from immigration custody
A Honduran man has been charged with raping a woman in her home in Mounds View, Minnesota.
Authorities say Marcotulio Melendez Diaz, 42, was working as a handyman when he allegedly assaulted her on Oct.
11.
He had been held by U.S. Immigration and Customs Enforcement after an immigration judge ordered his deportation, which he appealed.
A federal judge ordered his release on due-process grounds while that appeal was under review.
The appeal was rejected on Oct.
9, and a deportation order became final two days before he was charged.
Melendez Diaz remains in custody and faces up to 30 years in prison if convicted.
A Honduran man was charged with felony first-degree criminal sexual penetration after an alleged assault in a Minnesota home.
Authorities said Marcotulio Melendez Diaz was released from immigration custody by a federal judge in August.
The alleged assault took place on Oct. 11, two days after his deportation order became final, according to the article.
Immigration and Customs Enforcement said the crime could have been prevented if he had remained in custody.
Melendez Diaz remains in custody and faces up to 30 years in prison if convicted.
- Who
- Marcotulio Melendez Diaz, a 42-year-old Honduran national, was charged. He is accused of assaulting a woman.
- What
- He was charged with felony first-degree criminal sexual penetration involving coercion.
- When
- The alleged assault was on Oct. 11. His deportation order became final two days earlier.
- Where
- The alleged assault took place in the woman’s home in Mounds View, Minnesota.
- Why
- Not stated
ICE
U.S. District Judge Orlando L. Garcia
Release from custody
ICE
ICE said the crime could have been prevented if Melendez Diaz had remained in custody.
U.S. District Judge Orlando L. Garcia
Garcia ordered his release after granting his habeas petition on due process grounds, finding his detention unlawful or unreasonably prolonged.
ICE sources said Melendez Diaz was apprehended and released at the southern border.
He was arrested in Minnesota during Operation Metro Surge and transferred to ICE detention in Texas.
An immigration judge issued a deportation order, which Melendez Diaz appealed.
Federal Judge Orlando L. Garcia ordered his release from ICE custody.
The Board of Immigration Appeals rejected his appeal and issued a deportation order.
Melendez Diaz allegedly assaulted a woman in her Mounds View home and was charged with rape.
- Name
- Marcotulio Melendez Diaz
- Age and nationality
- 42; Honduras
- Alleged assault date
- Oct. 11
- Location
- Mounds View, Minnesota
- Charge
- Felony first-degree criminal sexual penetration involving coercion
- Maximum sentence if convicted
- Up to 30 years
What people are saying
This is what happens when activist judges side with criminal illegal aliens over Americans
And now an American woman has suffered a horrific crime that could have been PREVENTED.