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Summary: Forty-two-year-old Honduran Marcotulio Melendez Diaz is charged with first-degree criminal sexual penetration involving coercion after an alleged Oct. 11 assault at a home in Mounds View, Minnesota.
Police say surveillance video captured the incident. Diaz had been released from ICE detention in August after a judge granted his habeas petition. An immigration appeals board issued a deportation order Oct. 9. He remains jailed on $150,000 bond.
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A Minnesota woman who hired a handyman to work inside her home is now the alleged victim of a violent sexual assault, and the suspect's immigration history has placed a federal court ruling under renewed scrutiny.
Authorities in Ramsey County, Minnesota, have charged 42-year-old Honduran national Marcotulio Melendez Diaz with first-degree criminal sexual penetration involving coercion. Investigators say the October 11, 2026, assault occurred while Diaz was working at the woman's home in Mounds View, Minnesota.
According to the criminal complaint, Diaz allegedly overpowered the woman and sexually assaulted her repeatedly against her will. Police say an interior home surveillance system recorded the incident, providing investigators with video evidence of the alleged crime.
Diaz remains in custody on $150,000 bond. If convicted, he could face up to 30 years in prison. U.S. Immigration and Customs Enforcement has also lodged a detainer requesting that authorities notify the agency before releasing him from local custody.
Immigration Case Took Several Turns
The criminal case comes after a series of immigration proceedings that began following Diaz's arrival at the southern border.
According to information provided by ICE sources to Fox News, border authorities apprehended Diaz in Texas in April 2024 but released him into the United States under the Biden administration.
ICE agents arrested him again in Minnesota in January 2026 as part of Operation Metro Surge. He was subsequently transferred to immigration detention in Texas, the state where he had originally crossed the border.
An immigration judge ordered Diaz deported on March 30, 2026. Diaz appealed that decision, challenging his continued detention.
On August 7, 2026, U.S. District Judge Orlando L. Garcia, an appointee of former President Bill Clinton, granted Diaz's habeas corpus petition and ordered his release from ICE custody. The ruling cited due process grounds. Diaz subsequently returned to Minnesota.
Deportation Order Came Just Before Assault
The immigration proceedings continued after his release. On October 9, the Board of Immigration Appeals rejected Diaz's appeal and issued a final deportation order.
Two days later, police say, the alleged sexual assault occurred in Mounds View.
The timing has drawn criticism from ICE sources, who argue that keeping Diaz in immigration detention would have prevented the alleged attack. That assertion reflects the agency sources' position, rather than an independently established conclusion about what would have happened.
The criminal allegations now place Diaz back in custody, this time facing serious state charges. The case will proceed through the Minnesota court system, while ICE maintains its interest in taking custody of him for immigration enforcement.
For the woman involved, the allegations describe a deeply personal violation inside her own home. For authorities, the case raises questions about the intersection of immigration detention decisions and public safety.
Takeaway
• Illegal aliens appear to be receiving advice to help them navigate the judicial system. Are their advisers court appointed? Or are non-profit organizations provided the pro bono assistance? According to grok.com, "There is no right to government-appointed counsel in immigration proceedings (which are civil, not criminal)." Grok then provided a list of ten NGOs that provide free legal services to illegal aliens. If you care to see the list, use this prompt on grok,"what NGOs help illegal aliens navigate the american judicial system pro bono."
• Where are the self-described "feminists"? An illegal alien from Honduras doesn't fit the profile of a bourgeois offender because he is not white.
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