An immigration judge has ordered the release of a man convicted of a crime but who was released from prison erroneously early, re-arrested and released again only to be put into ICE custody.
The judge also dismissed Rene Lima-Marin's deportation case.
In May, Gov. John Hickenlooper announced he would pardon Lima-Marin -- his first pardon in his six years in office.
Immigration and Customs Enforcement has the right to appeal the judge’s decision within 30 days with the DOJ’s Board of Immigration Appeals. Until this decision is made, Lima-Marin will remain in ICE custody.
Generally, they’ll make the decision within a day or two, according to attorney Aaron Elinoff.
Rene Lima-Marin, who came to the U.S. from Cuba as a child, was sentenced to two prison terms totaling 98 years back in 2000 for a pair of robberies he committed when he was a teenager. The sentences were supposed to be served consecutively, but a court clerk marked them as a single term. The error allowed for Lima-Marin’s release in 2008.
In the following years Lima-Marin stayed out of trouble, married, and started a family; only to be told in 2014 that the court had realized its mistake and he'd be going back to prison.
During those years of freedom Lima-Marin never had run-ins with ICE.
Three years of legal battles between Lima-Marin’s family and the courts ensued after he was taken back to prison.