CO man expected to be released from prison, arrested by ICE

Bruno Cirelli
Mag 20, 2017

Lima-Marin was brought to the United States from Cuba when he was a toddler. In prison, Lima-Marin said, he experienced a spiritual rebirth, cleaning up his act and working to cut out negative things from his life.

Lima-Marin never applied for citizenship, his father, Eli Borges, told The Denver Post.

"You have to question the motives of ICE", Salazar told The Independent.

"The Colorado Department of Corrections did what was required by law and released Mr. Lima-Marin to Immigration and Customs Enforcement", the governor said.

Since he was convicted of an aggravated felony, Lima-Marin would eligible for deportation if his legal status is not upheld, according to the American Immigration Council.

On Tuesday, Lima-Marin's wife Jasmine bought balloons and gifts in anticipation of his return, but those gifts remain on stand by as the worry now shifts to the possibility of deportation.

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

Just as he was expected to get his freedom back, Lima-Marin was taken into custody by ICE.

On Tuesday, Samour ordered the Colorado Department of Corrections to release Lima-Marin, who was convicted on multiple counts of robbery, kidnapping and burglary for robbing two video stores in 1998 when he was 19 years old. He was regularly attending ICE check-ins, but he missed his last one in March 2014 when he was sent back to prison.

On May 16, Arapahoe County District Court Judge Carlos Samour Jr. ordered Lima-Marin's release in a 165-page decision. During the six years he spent as a free man, Lima-Marin got married, raised a family and worked a steady job before the state noticed their mistake and Lima-Marin's sentence was reinstated.

"Technically the way it would work is we're not holding them after their release", he said, adding that they normally notify ICE when they plan to release someone so ICE can be there. "Not all people who are rehabilitated behave that way". Samour said that Lima-Marin had not known about the clerical error when he was released and asked, "Without the ability to turn back the clock, how does the court dispense justice under such circumstances?" He was mistakenly paroled in 2008 because a clerk listed his sentences as running concurrently, rather than consecutively.

"After its utter lack of care led to Lima-Marin's premature release and prolonged erroneous liberty, in January 2014, the government made a decision 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.

In 2014, his prosecutor checked on his whereabouts and found out about the error and Lima-Marin's release.

He was arrested that same day to serve the rest of his 98-year sentence, according to the judge's report. Because the Court finds that Lima-Marin is being unlawfully detained, he is ordered released.

Diego said Lima-Marin is now being held at the Fremont Correctional Facility in Canon City, Colo., and he could be released in the next day or two. "We are thankful that he took the time that he did". The decision regarding Lima-Marin's case is also now being reviewed by the Colorado Attorney General's office.

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