Colorado man to be freed early now in immigration custody
- Author: Jacqueline Ellis May 20, 2017,
May 20, 2017, 7:46
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.
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.