An activist judge appointed by California Gov. Gavin Newsom freed a criminal illegal migrant — just a day before he allegedly butchered a retiree to death in his front yard.

Contra Costa Superior Court judge Nichelle Holmes released Marcos Iriarte-Valdez, 36 — a criminal alien who also holds citizenship in Spain — just before Iriarte-Valdez allegedly fatally stabbed Todd Stewart, 68, at Stewart’s Martinez home last week.

Iriarte-Valdez, who has been in the US since 2007, was already in trouble with the law and was granted pretrial release by Holmes for a residential burglary case when he was jailed last Tuesday for allegedly violating the terms of his home detention monitoring.

Holmes was appointed to her post by Newsom in 2024. She shockingly let Iriarte-Valdez walk just about 24 hours before he allegedly committed the horrific killing of Stewart.

Holmes described herself as a protester in a profile published by her law school alma mater in 2017.  

“Nichelle Holmes takes a hands-on approach to fighting injustices and racial disparities in the justice system. She goes to work,” states the article posted on the University of San Francisco School of Law website.

“Coming to work every day and ensuring that justice is served is my way of protesting,” said Holmes, a former a deputy district attorney for Contra Costa County.

“Justice does not always mean a prison sentence,” she added. “Sometimes it means a treatment program, or intensive counseling, and sometimes it means a dismissal.”

Surveillance footage that captured the horrifying attack shows Iriarte-Valdez pulling up to Stewart’s house in a Cadillac SUV wearing dark jeans, a gray shirt and a protective vest.

Iriarte-Valdez sits in the vehicle for a while before getting out — and allegedly launching a vicious knife attack on Stewart.

The men can be seen fighting on a sidewalk between two parked cars before Stewart is knocked to the ground.

Iriarte-Valdez allegedly continues stabbing him even after he falls, as Stewart screams in pain.

Stewart, a husband and father of two, was pronounced dead at the scene despite medics’ urgent attempts to save him.

Cops have not said what prompted the attack or whether Iriarte-Valdez and Stewart knew each other.

Police arrested Iriarte-Valdez at his Martinez home Friday night. He is back behind bars with bail set at a $1.1 million as detectives continue digging into the killing.

“I think people can sleep a little bit safer tonight knowing that this person is in custody,” Martinez police chief Andrew White said. “Unfortunately, too, there’s a family that no longer has a husband, a father.”

Neighbors told KTVU Stewart had lived in the neighborhood for more than 30 years and had recently completed renovations at his home.

“He was the most mild-mannered person and the most helpful in the court,” said a friend. “It’s still unbelievable. I look across the street, and I expect him to come out and wave.”

The Department of Homeland Security revealed on Tuesday that Iriarte-Valdez is a “Venezuelan illegal alien” who committed the alleged crime “in sanctuary California.”

The DHS urged Newsom to hold Iriarte-Valdez in custody.

“[Governor Gavin Newsom] must NOT RELEASE this murderer from jail and turn him over to us so we can REMOVE him from our nation,” the department posted on X.

“Sanctuary politicians must stop putting politics above public safety,” DHS told The California Post. “This type of insanity leads to more crimes and more innocent victims.”

Holmes did not respond to a call for comment.

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