Colorado man to be freed early now in immigration custody

ICE said Thursday that he remains in its custody as it tries to deport him to Cuba, a country he left as a child.

Authorities realized the mistake in 2014 and returned him to prison.

His father, Eli Borges, told the Post that Lima-Marin became a legal resident when they arrived but never applied for US citizenship like his parents had done. About 2,000 Cubans have been sent back since then, and the rest have either died or are too old or sick to be deported.

Three years of legal battles between Lima-Marin's family and the courts ensued after he was taken back to prison.

Lima-Marin was "ordered removed" by a federal immigration judge in Denver on November 1, 2000, ICE said in a statement to the Post.

Chief Arapahoe County District Judge Carlos Samour Jr. wrote that it would be "draconian" to keep Lima-Marin in prison.

"It's all policy, memorandum and agreement", said John Gihon, an immigration lawyer who was attorney adviser for ICE. "I have a ton of Cuban clients who are petrified, and they probably should be". USA officials said in January the repeal of the policy dealt more with cases going forward, and acknowledged Cuba would continue to review case by case when the US government sought deportations.

A Colorado man who was mistakenly freed from prison, rearrested, then freed again is facing a new hurdle: immigration court. If Cuba refuses to accept him, he could be allowed to remain in the United States with orders to check in regularly with immigration officials. About 600 are in custody of Immigration and Customs Enforcement, according to statistics by the agency.

The so-called "wet foot, dry foot" policy sent back Cubans intercepted at sea but gave those who reached land an automatic path to legal residency.

President Donald Trump has been critical of Obama's efforts to improve relations with Cuba.

He was found guilty of multiple counts of burglary, kidnapping, aggravated robbery, and use of a deadly weapon during commission of a crime, though no shots were fired and no injuries were reported. He was released, improperly, in 2008.

His wife, Jasmine, said Lima-Marin checked in with immigration officials every few months after he was mistakenly released from prison in 2008 but deportation was not a concern then.

"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", part of the decision read. 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.

The judge's decision was met with excitement by Lima-Marin's family.

Lima-Miran's absence from prison wasn't noticed until January 7, 2014, when a former prosecutor searched for his name on the DOC's inmate locator website and couldn't find it. Lima-Marin was arrested by 11:00 p.m. that same day in front of his family, according to Samour's report, in order to serve the remainder of his 98-year sentence.

A Colorado man expected to be released from prison this week was turned over to the Immigration and Customs Enforcement.

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