Federal Judge Declines Additional Sentence for Migrant in Assault Case

By 
 December 16, 2025

In a decision that’s raising eyebrows across Michigan and beyond, a federal judge has opted not to extend prison time for a man with a troubling history of unauthorized border crossings and a grave criminal conviction.

This case centers on Edys Renan Membreno Diaz, a 30-year-old unauthorized migrant from Honduras, whose repeated illegal entries into the U.S. and conviction for a horrific assault have sparked debate over judicial leniency and border security.

Diaz first entered the U.S. in 2019 near El Centro, California, crossing the southern border without authorization. Despite being deported seven times, he persistently returned, eventually settling in Michigan. His story of re-entry paints a stark picture of enforcement challenges at our borders.

Judge's Controversial Ruling Sparks Debate

Fast forward to 2022, when Diaz was arrested in Michigan for a deeply disturbing crime. He pleaded guilty to raping and sodomizing a woman with cerebral palsy and other disabilities in her apartment building. It’s a crime that demands accountability, no matter the circumstances.

For that assault, Diaz was sentenced to six to 15 years in a Michigan prison. That penalty, while significant, addresses only the state-level crime, leaving federal charges for illegal re-entry unresolved until recently.

Earlier this year, Diaz also pleaded guilty to repeatedly re-entering the U.S. after deportation. Prosecutors pushed for a standard 19-month sentence for this federal offense, arguing it reflects the severity of flouting immigration law time and again.

Prosecutors Push for Stricter Penalties

Enter U.S. District Judge Judith Levy, appointed to the Eastern District of Michigan in 2014 by former President Barack Obama. She declined to add the recommended 19 months, limiting Diaz’s federal sentence to time already served in custody. It’s a move that’s left many questioning whether justice prioritizes borders or empathy.

Judge Levy offered praise for Diaz during sentencing, saying, “I commend you for supporting your family, for expressing your devotion to them and for working here in the United States in jobs that Americans apparently do not want to work in and certainly not for the wages that were undoubtedly abusive of your work for them.” While acknowledging family support is fair, tying it to justification for leniency in such a serious case feels like a stretch. Should personal struggles outweigh public safety?

In another statement, Judge Levy noted, “I see … somebody who is stepping forward to take responsibility and to gain insight into what led you to commit that crime of sexual assault and this one of illegal reentry.” Insight is valuable, but when paired with no additional penalty for repeated border violations, it risks sending a message that consequences are optional. Where’s the balance between rehabilitation and deterrence?

Appeal Underway by U.S. Attorney’s Office

The U.S. Attorney’s Office in Detroit isn’t taking this ruling lying down. They’ve filed an appeal against Judge Levy’s decision, signaling that the fight for a tougher stance on illegal re-entry isn’t over. It’s a step that many law-and-order advocates will likely cheer.

This case isn’t just about one man or one judge; it’s a microcosm of the broader tension between progressive judicial approaches and the need for firm immigration enforcement. How do we show compassion without undermining the rule of law? It’s a question with no easy answer.

Critics of the ruling argue that leniency here could embolden others to disregard deportation orders, knowing the penalties might be light. When someone has been removed seven times and commits a violent crime, the system must draw a hard line—or risk losing credibility.

Balancing Justice and Border Security

On the flip side, supporters of Judge Levy’s decision might say it avoids piling on punishment for a man already serving a lengthy state sentence. But with border security a top concern for many Americans, this argument struggles to resonate when repeat offenses go unaddressed.

As this appeal unfolds, the nation watches. Will the courts uphold a stricter interpretation of immigration law, or will this case cement a softer approach? It’s a pivotal moment for how we define justice in a deeply divided landscape.

Ultimately, the story of Edys Renan Membreno Diaz forces us to grapple with uncomfortable truths about crime, borders, and the judicial system. While compassion has its place, so does accountability—especially when the safety of vulnerable individuals and the integrity of our laws hang in the balance.

" A free people [claim] their rights, as derived from the laws of nature."
Thomas Jefferson