Aurora man released from prison, then detained by ICE over residency status

Rene Lima-Marin
Rene Lima-Marin / KDVR

AURORA, Colo. (KDVR) — An Aurora family thought Wednesday would be one of the best of their lives.

But, it turned into one of the most disappointing.

Their husband and father, Rene Lima-Marin was supposed to be released from prison Wednesday.

But it did not happen.

First, the Department of Corrections told FOX31 it was waiting for a release document, which Judge Carlos Samour Jr. had already issued Tuesday.

So when the DOC got it, still no answers as to when Lima-Marin would be coming home.

Then, at about 2 p.m. we learned his release was on hold.

Lima-Marin’s wife, Jasmine, said their long-anticipated reunion was sabotaged by Immigration and Customs Enforcement [ICE] who detained him Wednesday afternoon.

Attorney Jaime Halscott who represented Lima-Marin at a hearing asking for his release in December 2016 said they are scrambling, trying to figure out what to do.

The 38-year-old came to the United States from Cuba as a child. And because he was found guilty of an aggravated felony, he is eligible to be deported upon his release from prison.

Halscott said they did not see this coming because when Lima-Marin was mistakenly paroled nine years ago, the federal government did not take this action.

So at this point, Halscott says he doesn’t know what ICE’s intentions are–will it release Lima-Marin at some point or deport him?

Repeated phone calls and emails to ICE have gone unanswered. A statement from the Colorado Department of Corrections said, “Lima-Marin was released by the Department of Corrections to Immigration and Customs Enforcement pursuant to the detainer as required by law.”

Halscott said clemency from Colorado Governor John Hickenlooper could be at play here.

“We can’t imagine the emotional roller coaster this family has endured,” Gov. John Hickenlooper said. “The Colorado Department of Corrections did what was required by law and released Mr. Lima-Marin to Immigration and Customs Enforcement. The family has shown amazing strength and we hope this is a temporary stop on his way to being reunited with his family.”

State lawmakers overwhelmingly approved a resolution asking Hickenlooper to set Lima-Marin free.

But, immigration attorney Jeff Joseph said clemency probably won’t work, but a pardon might.

Joseph also said it’s highly unlikely he’ll get any relief from ICE because he’s from Cuba and—if deported—his life would not be threatened.

It is certainly a mixed blessing. A judge gave him mercy. He won’t have to spend any more time in prison. But he may not ever get to go home.

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