He was mistakenly paroled in 2008 because a clerk listed his sentences as running concurrently, rather than consecutively.
ICE confirmed their detainer, forcing corrections staffers to turn over Lima-Marin over. 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.
On Tuesday, a judge said Lima-Marin has paid his debt to society. 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.
Samour called Lima-Marin "a valuable member of the community" who "was impeccably law-abiding" during his time out of custody, and wrote that putting him back in prison disregarded "everything that had transpired between April 2008 and January 2014". "And now you're punishing them for something that they didn't have anything to do with", said Rene Lima-Marin.
CBS4)- A family in Aurora was expecting to welcome home a man who was ordered to be released from prison, only to learn that he was taken into custody by Immigration and Customs Enforcement and may be deported to Cuba.
Lima-Marin's attorney Kimberly Diego says Lima-Marin came to the USA from Cuba at the age of 2 during the 1980 Mariel boatlift.
The judge called Lima-Marin a "model prisoner" and said the government acted with "conscience-shocking" indifference when they put him back in prison in 2014.
Lima-Marin was being held at the Fremont Correctional Facility in Canon City, Colorado.
Rene Lima-Marin was first sentenced in 2000 for video store robberies he committed in 1998 as a teen, according to the Denver Post.
Lima-Marin came to the US from Cuba when he was 1 year old, according to Jasmine. ICE told CBS4 it will be up to Cuba whether or not the country accepts Marin's removal.More news: Iowa State Bank Increases Stake in salesforce.com, inc. (CRM)
In a 165-page decision, he wrote "it would be utterly unjust to compel Lima-Marin, at this juncture, to serve the rest of his extremely long sentence".
Gov. John Hickenlooper released a statement about Lima-Marin's situation on Wednesday: "The family has shown awesome strength and we hope this is a temporary stop on his way to being reunited with his family".
"I never would have gotten a house".
On May 4, Colorado lawmakers unanimously passed a resolution urging Governor John Hickenlooper to grant Lima-Marin clemency.
Diego added that she was scrambling to find him an immigration attorney.
"We're just still waiting and trying to figure out what's going on and how to fight, " Jasmine told the Denver Post.
Kimberly Diego, Lima-Marin's attorney, claims that his status is "absolutely legal".
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.
It's not yet known when Lima-Marin will appear in front of that judge for a hearing. "The family has shown wonderful strength and we hope this is a temporary stop on his way to being reunited with his family", he said.