Immigration officers detain man whose prison term was cut
Immigration officers detain man whose prison term was cut
Inmate who lived upstanding life after he was mistakenly freed wins release
20 May, 2017, 00:20
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. On Tuesday May 16, 2017, a judge ordered him released from prison again, saying it would be "draconian" to keep him behind bars and that he has paid his debt to society.
Rene Lima-Marin has been detained by immigration agents after a judge ordered his early release from prison.
The Colorado Department of Corrections said in a statement that Lima-Marin had been moved from the Fremont Correctional Facility in Cañon City to the Denver Reception and Diagnostic Center in preparation for his release, and that a Criminal Justice Information Services review determined he might have an Immigration and Customs Enforcement detainer.
ICE said Thursday that he remains in its custody as it tries to deport him to Cuba, a country he left as a child.
According to the Post, the US 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.
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Lima-Marin was convicted in 2000 of multiple robbery, kidnapping and burglary counts after he and another man robbed two video stores at gunpoint. 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.
In 2014, his prosecutor checked on his whereabouts and found out about the error and Lima-Marin's release.
"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".
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. His wife told the Denver Post she couldn't wait to pick him up.
During those 8 years of freedom Lima-Marin never had run-ins with ICE.
Obama ended "wet foot, dry foot" in his last days in office, doing away with a Clinton policy that allowed Cubans who reached the U.S.to remain in the country.
Sebastian Arcos, associate director of the Cuban Research Institute, says the end of that policy did little to settle rules for repatriation.
"We can't imagine the emotional roller coast this family has endured".
The mix-up for the father of two was a result of an error in paperwork that said his sentences were to be served concurrently, instead of consecutively.
Lima-Marin's wife, Jasmine, was eating lunch in her auto at work when she heard the good news about her husband's re-release. About 600 are in custody of Immigration and Customs Enforcement, according to statistics by the agency. We're obviously all completely devastated by the news but working hard to see what there is to be done.
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Lima-Marin's lawyer, Kimberly Diego, told the AP she is scrambling to find an immigration lawyer for her client.
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