Lima-Marin was sent back to prison after being mistakenly released 90 years early.
What was supposed to be a joyous homecoming for a Colorado man whose 98-year prison term was cut short turned to heartache when he was detained by immigration officials just as he was set to be released.
Rene Lima-Marin, 36, was preparing to be released from prison again Wednesday after Arapahoe County Chief District Judge Carlos Samour ordered his release and called his reincarceration "utterly unjust".
According to the Post, the USA does not control whether or not Cuba will accept a deportee, so it is possible that Lima-Marin, 38, could spend up to six months in ICE custody and then be put on an order of supervision that would require him to check in regularly with ICE authorities and possibly wear a Global Positioning System ankle bracelet.
Lima-Marin started his prison term in April 2000, after being found guilty of multiple counts of kidnapping, burglary, aggravated robbery and - because a gun was used in the break-ins - use of a deadly weapon during commission of a crime. A paperwork mix-up led to him being improperly released in 2008, and it would take prison officials until 2014 to figure out he was no longer behind bars. Lima-Marin was then released on parole in 2008.
He was mistakenly released in 2008, but was rearrested in 2014, when authorities realized the error.
"Requiring Lima-Marin to serve the rest of his prison sentence all these years later would be draconian, would deprive him of substantive due process, and would perpetrate a manifest injustice". But Immigration and Customs Enforcement can request that an inmate suspected of an immigration violation be held after their release from jail or prison under a form referred to as a hold or a detainer.
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Lima-Marin came to the United States from Cuba with his parents when he was a toddler during the 1980 Mariel boat lift, but he never applied for citizenship, his father, Eli Borges, told The Denver Post. "I became a man of God", Lima-Marin told CBS4 in a phone interview from prison.
The decision Tuesday ends years of battles by Lima-Marin to be freed.
President Donald Trump has been critical of Obama's efforts to improve relations with Cuba.
"From there, there have been a series of federal policies that have changed including the wet-foot-dry-foot policy", Martinez says.
The Colorado Legislature approved a nonbinding resolution earlier this month urging Gov. John Hickenlooper to grant Lima-Marin clemency. "And now you're punishing them for something that they didn't have anything to do with", said Rene Lima-Marin. "The family has shown unbelievable strength and we hope this is a temporary stop on his way to being reunited with his family".
"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. About 600 are in the custody of Immigration and Customs Enforcement, according to statistics by the agency.
"Everyone is completely devastated".
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