Colorado man to be freed early now in immigration custody

Jacque Montgomery, the governor's spokeswoman, said an application for Lima-Marin's clemency is under review.

He said, 'Did you hear?' And I was like, 'Yeah, ' and I could just hear his smile, " Lima-Marin's wife, Jasmine, told KCNC.

His father, Eli Borges, told the Post that Lima-Marin became a legal resident when they arrived but never applied for USA citizenship like his parents had done.

Jasmine told CBS4 he remains on an ICE hold. "The Colorado Department of Corrections did what was required by law and released Mr. Lima-Marin to Immigration and Customs Enforcement".

Lima-Marin was convicted in 2000 of multiple robbery, kidnapping and burglary counts after he and another man robbed two video stores at gunpoint. The decision regarding Lima-Marin's case is also now being reviewed by the Colorado Attorney General's office.

Federal immigration authorities say a Colorado man ordered to be re-released from prison after a huge mix up is facing possible deportation to Cuba.

It's not clear whether ICE was notified and took custody of Lima-Marin when he was mistakenly released in 2008.

Authorities realized the mistake in 2014 and returned him to prison.

On Tuesday, a judge said Lima-Marin has paid his debt to society.

During almost six years of freedom, Rene Lima-Marin married, became a father, became active in his church and secured a job installing glass windows in skyscrapers.

"Anytime you're in ICE custody, you're in fear of deportation", Diego said. "Not all people who are rehabilitated behave that way".

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.

"Everyone is completely devastated", his Denver-based attorney, Kimberly Diego, said. The attorney advised him to forgo the appeal and instead wait to be released on parole in 2008.

2008 - Lima-Marin is released from prison after serving just eight years because of the clerk's error. It is noted that no shots were fired and no one was injured in any of the robberies that Lima-Marin committed. 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. "The government-not Lima-Marin, his family, the community, and society-should bear the brunt of the consequences of its conscience-shocking deliberate indifference". An immigration judge also orders that Lima-Marin be deported. The detainer was later confirmed, according to a statement from the Colorado Department of Corrections obtained by the Denver Post. "No other remedy will result in justice in this case".

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. "The judge was very thorough, took a lot of time and gave this case a lot of attention".

A spokesperson for the Colorado Attorney General's office said they are now reviewing the case.

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