In a 165-page opinion obtained by the Denver Post, Chief Arapahoe County District Judge Carlos Samour Jr. ordered his release.
According to CNN, the court is required to send the judge's order to the Department of Corrections before Lima-Marin's release, which could occur within the next two days. The family is still looking for answers about what comes next. However, a mix-up in paperwork said that Lima-Marin's sentences were to be served concurrently, meaning that he could serve all of his sentences at the same time.
"We released him directly to them", Fairbairn told The Colorado Independent, calling the procedure routine. Do you think they need to tone it down? It's not clear whether these cases are part of the previously agreed-upon list.
But when the mistake was realized, Lima-Martin was taken back to prison to serve the rest of his sentence.
Diego told the Post that she is searching for an immigration specialist to clarify Lima-Marin's status. 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. Samour said that Lima-Marin had not known about the clerical error when he was released and asked, "Without the ability to turn back the clock, how does the court dispense justice under such circumstances?"
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.
During those 8 years of freedom Lima-Marin never had run-ins with ICE. An immigration judge also orders that Lima-Marin be deported. After his release from DOC, he was taken into ICE custody.
"His case was unique in that sense", she said. It wasn't until after he was re-incarcerated and missed his check-ins that ICE took notice.
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"From there, there have been a series of federal policies that have changed including the wet-foot-dry-foot policy", Martinez says.
Martinez said Hickenlooper has been in contact with Together Colorado's local immigration office and has been supportive of the family.
Lima-Marin was being held at the Fremont Correctional Facility in Canon City, Colorado.
"You have to question the motives of ICE", Salazar told The Independent.
The decision Tuesday ends years of battles by Lima-Marin to be freed.
On Tuesday, a judge said Lima-Marin has paid his debt to society. Samour was born in El Salvador but fled the country with his family when he was 13 to avoid its civil war. "The family has shown awesome strength and we hope this is a temporary stop on his way to being reunited with his family", he said.
Public domain photo via Wikimedia Commons.