Colorado man to be freed early now in immigration custody

Immigration Customs and Enforcement agents arrested 38-year-old Rene Lima-Marin after his release from prison Wednesday.

A judge has made a ruling in a case regarding a Colorado man who was mistakenly released early from prison and was then rearrested.

The Colorado Department of Corrections said in a statement that Lima-Marin had been moved from the Fremont Correctional Facility in Cañon City to the Denver Reception and Diagnostic Center in preparation for his release, and that a Criminal Justice Information Services review determined he might have an Immigration and Customs Enforcement detainer.

He said, 'Did you hear?' And I was like, 'Yeah, ' and I could just hear his smile, " Lima-Marin's wife, Jasmine, told KCNC. He was then immediately detained by Immigration and Customs Enforcement (ICE) officials.

Three years of legal battles between Lima-Marin's family and the courts ensued after he was taken back to prison. Holding him for the remainder would be "draconian" and "deprive him of substantive due process, and would perpetrate a manifest injustice", said Judge Carlos Samour, Jr. of the 18th Judicial District in Arapahoe County.

"After its utter lack of care led to Lima-Marin's premature release and prolonged erroneous liberty, in January 2014, the government chose to compensate for its transgressions by swiftly turning back the clock and returning Lima-Marin to prison. disregarding everything that had transpired between April 2008 and January 2014", Samour said.

Cuba generally only accepts deportations on a case-by-case basis so there's no guarantee Lima-Marin will be sent there.

Under a 1984 agreement, Cuba agreed to take back 2,746 of their citizens who came to the United States as part of the boat lift. He was mistakenly paroled in 2008 because a clerk listed his sentences as running concurrently, rather than consecutively.

He remained on the ICE hold as of Wednesday evening, and the Denver Post reports that immigration authorities indicated that he could be deported.

Kimberly Diego, Lima-Marin's attorney, claims that his status is "absolutely legal".

"It would be utterly unjust to compel Lima-Marin, at this juncture, to serve the rest of his extremely long sentence", he wrote.

Rene Lima-Marin was convicted in 2000 of multiple robbery, kidnapping and burglary counts.

"We can't imagine the emotional roller coast this family has endured".

"From there, there have been a series of federal policies that have changed including the wet-foot-dry-foot policy", Martinez says. Authorities realized the mistake in 2014, and police returned him to prison.

Lima-Marin's history with the law began in 2000 when he was sentenced to two prison terms totaling 98 years for a pair of robberies he committed when he was a teenager.

Martinez said Hickenlooper has been in contact with Together Colorado's local immigration office and has been supportive of the family.

A resolution asking Gov. John Hickenlooper to grant clemency to Lima-Marin was unanimously approved on the state Senate floor earlier this month.

"Anytime you're in ICE custody, you're in fear of deportation, " Diego told the Denver Post.

  • Jacqueline Ellis