Lima-Marin's attorney said he should be released Wednesday or Thursday.
They were among thousands of Cuban refugees who emigrated to the USA after the Castro regime announced that all who wished to go were free to board boats at the port of Mariel in what has become known as the 1980 Mariel boatlift.
Cuba agrees to consider taking back Cubans slated for deportation from the USA on a case-by-case basis.
Lima-Marin and another man are convicted on multiple robbery, kidnapping and burglary charges in connection with two violent robberies of suburban Denver video stores. After his release from DOC, he was taken into ICE custody. He then held a steady job installing glass, got married and has a stepson, Justus, 10, and son JoJo, 7, who was born while he was out of prison.
The Latest on a man ordered released from prison and then arrested by immigration authorities (all times local): 4:45 p.m.
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"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", Judge Samour Jr. wrote. 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.
Lima-Marin came to the US with his parents in 1980, when he was about 2 years old, in the Mariel boatlift, in which about 125,000 Cubans were transported to Florida.
Here's what went down at the prison, according to Colorado Department of Corrections spokesman Mark Fairbairn: The prison ran a check for Lima-Marin's name through a database that flagged something called an ICE 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?"
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.
President Donald Trump has been critical of his predecessor's moves to improve relations with the Castro government and promised to re-evaluate the agreements with Cuba.
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The Colorado Legislature approved a nonbinding resolution earlier this month urging Gov. John Hickenlooper to grant Lima-Marin clemency.
After Lima-Marin served eight years in prison, another error was made.
"We can't imagine the emotional roller coast this family has endured".
Lima-Marin's co-defendant, Michael Clifton, is serving a 98-year sentence.
Lima-Marin's wife, Jasmine, said she remains hopeful the family will be reunited "sooner rather than later". Instead, he called her to tell her he was being held by Immigration and Customs Enforcement. We're obviously all completely devastated by the news but working hard to see what there is to be done.
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An attorney met with Lima-Marin and, based on the content of the paperwork, told him that his sentence had been reduced to 16 years.
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