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20 May 2017, 12:15 | Max Haynes
Lima-Marin was mistakenly released on parole in 2008. He is released from prison but arrested by U.S. Immigration and Customs Enforcement. But ICE 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.
Lima-Marin was called an "asset to society" and an "outstanding citizen" who worked with young people encouraging them to make good decisions, per the judge's ruling.
Lima-Marin and another man are convicted on multiple robbery, kidnapping and burglary charges in connection with two violent robberies of suburban Denver video stores. He was sentenced to back-to-back, or consecutive, sentences on eight convictions, for a total of 98 years.
Lima-Marin's history with the law began in 2000 when he was sentenced to two prison terms totaling 98 years for a pair of robberies he committed when he was a teenager. He was mistakenly released.
"It would be the highest act of cruelty in this case if at the cusp of Lima-Marin about to once again join his wife, Jasmine and their two sons for a life of freedom, that he be sent away forever", the letter said. He voluntarily left his family and turned himself over to the police.
Authorities realized the mistake in 2014 and returned him to prison.
"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". "Accordingly, the government is deemed to have waived its jurisdiction to compel him to serve the remainder of his sentence".
"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.
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"It was a really, really fast call".
Now, while the judge said let him go, ICE says no, and Lima-Martin as well as his family, are unsure what will happen from here, but he currently remains in ICE custody. According to The Denver Post, his wife was eating lunch in her auto when she was informed of the judge's decision.
"We're just still waiting and trying to figure out what's going on and how to fight, " Jasmine told the Denver Post.
Rene Lima-Marin leaves Cuba as a toddler with his parents in what would become known as the Mariel boat lift after Fidel Castro announced the country would stop trying to prevent unauthorized departures.
2001 - The U.S. Supreme Court rules that the government can't indefinitely hold people who can't be deported to another country.
Kimberly Diego, Lima-Marin's attorney, claims that his status is "absolutely legal".
Diego added that she was scrambling to find him an immigration attorney.
He remained on the ICE hold as of Wednesday evening, and the Denver Postreports that immigration authorities indicated that he could be deported.
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