Colorado man to be freed early now in immigration custody

Peter Castro
May 20, 2017

A Colorado man expected to be released from prison this week was turned over to the Immigration and Customs Enforcement.

On Tuesday, a judge ordered the release of Lima-Marin, who had returned to prison three years ago after he was mistakenly released decades early from a almost 100-year sentence.

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.

"We just have to wait", his wife, Jasmine Lima-Marin, told CNN affiliate KDVR.

"Although most of Lima-Marin's sentence remains unserved, he has sufficiently paid his debt to society", the judge wrote.

In his ruling, Samour said, "In effect, 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 - not through the use of a magic wand or the invention of a time machine built out of a DeLorean, which might have transported him back to his life in April 2008, but through the simple issuance of an arrest warrant, which merely put him back in prison, disregarding everything that had transpired between April 2008 and January 2014".

Lima-Marin was moved to the Denver Reception and Diagnostic Center where a Criminal Justice Information Services review had determined he might have an ICE detainer.

Samour also pointed out that Lima-Marin, who did not know in 2008 that he was released by accident, had already completed parole and started a family before authorities returned him to prison. Cuba agrees to consider taking back Cubans slated for deportation from the USA on a case-by-case basis.

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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 released. However, Lima-Marin's father, Eli Borges, said that his son became a legal resident when they arrived in the US.

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

He was mistakenly released in 2008, but was rearrested in 2014, when authorities realized the error.

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

After a decade of serving time behind bars, Lima-Marin wound up being freed in error.

Diego told the Post that she is searching for an immigration specialist to clarify Lima-Marin's status. She says when he was initially released in 2008, federal immigration authorities told him he had a deportation notice.

Sebastian Arcos, associate director of the Cuban Research Institute, says the end of that policy did little to settle rules for repatriation. Because the Court finds that Lima-Marin is being unlawfully detained, he is ordered released.

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

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